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全国人民代表大会关于修改《中华人民共和国刑事诉讼法》的决定 附：修正本 |
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（１９９６年３月１７日第八届全国人民代表大会第四次会议通过 １９９６年３月１７日中华人民共和国主席令第六十四号公布 自１９９７年１月１日起施行） |
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修改决定
第八届全国人民代表大会第四次会议审议了《中华人民共和国刑事诉讼法修正案（草案）》，决定对《中华人民共和国刑事诉讼法》作如下修改：
一、第一编第一章的题目修改为：“任务和基本原则”。
二、第一条修改为：“为了保证刑法的正确实施，惩罚犯罪，保护人民，保障国家安全和社会公共安全，维护社会主义社会秩序，根据宪法，制定本法。”
三、第二条修改为：“中华人民共和国刑事诉讼法的任务，是保证准确、及时地查明犯罪事实，正确应用法律，惩罚犯罪分子，保障无罪的人不受刑事追究，教育公民自觉遵守法律，积极同犯罪行为作斗争，以维护社会主义法制，保护公民的人身权利、财产权利、民主权利和其他权利，保障社会主义建设事业的顺利进行。”
四、第三条第一款修改为：“对刑事案件的侦查、拘留、执行逮捕、预审，由公安机关负责。检察、批准逮捕、检察机关直接受理的案件的侦查、提起公诉，由人民检察院负责。审判由人民法院负责。除法律特别规定的以外，其他任何机关、团体和个人都无权行使这些权力。”
五、第三条后增加二条，作为第四条、第五条：
１、“第四条 国家安全机关依照法律规定，办理危害国家安全的刑事案件，行使与公安机关相同的职权。”
２、“第五条 人民法院依照法律规定独立行使审判权，人民检察院依照法律规定独立行使检察权，不受行政机关、社会团体和个人的干涉。”
六、第五条后增加一条，作为第八条：“人民检察院依法对刑事诉讼实行法律监督。”
七、第八条后增加一条，作为第十二条：“未经人民法院依法判决，对任何人都不得确定有罪。”
八、第十一条改为第十五条，其中关于“有下列情形之一的，不追究刑事责任，已经追究的，应当撤销案件，或者不起诉，或者宣告无罪”的规定修改为：“有下列情形之一的，不追究刑事责任，已经追究的，应当撤销案件，或者不起诉，或者终止审理，或者宣告无罪”。
第六项修改为：“（六）其他法律规定免予追究刑事责任的。”
九、第十二条后增加一条，作为第十七条：“根据中华人民共和国缔结或者参加的国际条约，或者按照互惠原则，我国司法机关和外国司法机关可以相互请求刑事司法协助。”
十、第十三条改为第十八条，修改为：“刑事案件的侦查由公安机关进行，法律另有规定的除外。
“贪污贿赂犯罪，国家工作人员的渎职犯罪，国家机关工作人员利用职权实施的非法拘禁、刑讯逼供、报复陷害、非法搜查的侵犯公民人身权利的犯罪以及侵犯公民民主权利的犯罪，由人民检察院立案侦查。对于国家机关工作人员利用职权实施的其他重大的犯罪案件，需要由人民检察院直接受理的时候，经省级以上人民检察院决定，可以由人民检察院立案侦查。
“自诉案件，由人民法院直接受理。”
十一、第十五条改为第二十条，修改为：“中级人民法院管辖下列第一审刑事案件：
“（一）反革命案件、危害国家安全案件；
“（二）可能判处无期徒刑、死刑的普通刑事案件；
“（三）外国人犯罪的刑事案件。”
十二、第十八条改为第二十三条，删去关于“也可以把自己管辖的第一审刑事案件交由下级人民法院审判”的规定。
十三、第二十三条后增加一条，作为第二十九条：“审判人员、检察人员、侦查人员不得接受当事人及其委托的人的请客送礼，不得违反规定会见当事人及其委托的人。
“审判人员、检察人员、侦查人员违反前款规定的，应当依法追究法律责任。当事人及其法定代理人有权要求他们回避。”
十四、第二十四条改为第三十条，第三款修改为：“对驳回申请回避的决定，当事人及其法定代理人可以申请复议一次。”
十五、第一编第四章的题目修改为：“辩护与代理”。
十六、第二十六条改为第三十二条，修改为：“犯罪嫌疑人、被告人除自己行使辩护权以外，还可以委托一至二人作为辩护人。下列的人可以被委托为辩护人：
“（一）律师；
“（二）人民团体或者犯罪嫌疑人、被告人所在单位推荐的人；
“（三）犯罪嫌疑人、被告人的监护人、亲友。
“正在被执行刑罚或者依法被剥夺、限制人身自由的人，不得担任辩护人。”
十七、第二十六条后增加一条，作为第三十三条：“公诉案件自案件移送审查起诉之日起，犯罪嫌疑人有权委托辩护人。自诉案件的被告人有权随时委托辩护人。
“人民检察院自收到移送审查起诉的案件材料之日起三日以内，应当告知犯罪嫌疑人有权委托辩护人。人民法院自受理自诉案件之日起三日以内，应当告知被告人有权委托辩护人。”
十八、第二十七条改为第三十四条，修改为：“公诉人出庭公诉的案件，被告人因经济困难或者其他原因没有委托辩护人的，人民法院可以指定承担法律援助义务的律师为其提供辩护。
“被告人是盲、聋、哑或者未成年人而没有委托辩护人的，人民法院应当指定承担法律援助义务的律师为其提供辩护。
“被告人可能被判处死刑而没有委托辩护人的，人民法院应当指定承担法律援助义务的律师为其提供辩护。”
十九、第二十九条改为第三十六条，修改为：“辩护律师自人民检察院对案件审查起诉之日起，可以查阅、摘抄、复制本案的诉讼文书、技术性鉴定材料，可以同在押的犯罪嫌疑人会见和通信。其他辩护人经人民检察院许可，也可以查阅、摘抄、复制上述材料，同在押的犯罪嫌疑人会见和通信。
“辩护律师自人民法院受理案件之日起，可以查阅、摘抄、复制本案所指控的犯罪事实的材料，可以同在押的被告人会见和通信。其他辩护人经人民法院许可，也可以查阅、摘抄、复制上述材料，同在押的被告人会见和通信。”
二十、第二十九条后增加二条，作为第三十七条、第三十八条：
１、“第三十七条 辩护律师经证人或者其他有关单位和个人同意，可以向他们收集与本案有关的材料，也可以申请人民检察院、人民法院收集、调取证据，或者申请人民法院通知证人出庭作证。
“辩护律师经人民检察院或者人民法院许可，并且经被害人或者其近亲属、被害人提供的证人同意，可以向他们收集与本案有关的材料。”
２、“第三十八条 辩护律师和其他辩护人，不得帮助犯罪嫌疑人、被告人隐匿、毁灭、伪造证据或者串供，不得威胁、引诱证人改变证言或者作伪证以及进行其他干扰司法机关诉讼活动的行为。
“违反前款规定的，应当依法追究法律责任。”
二十一、第三十条后增加二条，作为第四十条、第四十一条：
１、“第四十条 公诉案件的被害人及其法定代理人或者近亲属，附带民事诉讼的当事人及其法定代理人，自案件移送审查起诉之日起，有权委托诉讼代理人。自诉案件的自诉人及其法定代理人，附带民事诉讼的当事人及其法定代理人，有权随时委托诉讼代理人。
“人民检察院自收到移送审查起诉的案件材料之日起三日以内，应当告知被害人及其法定代理人或者其近亲属、附带民事诉讼的当事人及其法定代理人有权委托诉讼代理人。人民法院自受理自诉案件之日起三日以内，应当告知自诉人及其法定代理人、附带民事诉讼的当事人及其法定代理人有权委托诉讼代理人。”
２、“第四十一条 委托诉讼代理人，参照本法第三十二条的规定执行。”
二十二、第三十一条改为第四十二条，第二款增加一项，作为第七项：“（七）视听资料。”
二十三、第三十四条改为第四十五条，第一款修改为：“人民法院、人民检察院和公安机关有权向有关单位和个人收集、调取证据。有关单位和个人应当如实提供证据。”
第二款修改为：“对于涉及国家秘密的证据，应当保密。”
二十四、第三十七条后增加一条，作为第四十九条：“人民法院、人民检察院和公安机关应当保障证人及其近亲属的安全。
“对证人及其近亲属进行威胁、侮辱、殴打或者打击报复，构成犯罪的，依法追究刑事责任；尚不够刑事处罚的，依法给予治安管理处罚。”
二十五、第三十八条改为第五十条，删去第二款、第三款。
二十六、第三十八条后增加八条，作为第五十一条、第五十二条、第五十三条、第五十四条、第五十五条、第五十六条、第五十七条、第五十八条：
１、“第五十一条 人民法院、人民检察院和公安机关对于有下列情形之一的犯罪嫌疑人、被告人，可以取保候审或者监视居住：
“（一）可能判处管制、拘役或者独立适用附加刑的；
“（二）可能判处有期徒刑以上刑罚，采取取保候审、监视居住不致发生社会危险性的。
“取保候审、监视居住由公安机关执行。”
２、“第五十二条 被羁押的犯罪嫌疑人、被告人及其法定代理人、近亲属有权申请取保候审。”
３、“第五十三条 人民法院、人民检察院和公安机关决定对犯罪嫌疑人、被告人取保候审，应当责令犯罪嫌疑人、被告人提出保证人或者交纳保证金。”
４、“第五十四条 保证人必须符合下列条件：
“（一）与本案无牵连；
“（二）有能力履行保证义务；
“（三）享有政治权利，人身自由未受到限制；
“（四）有固定的住处和收入。”
５、“第五十五条 保证人应当履行以下义务：
“（一）监督被保证人遵守本法第五十六条的规定；
“（二）发现被保证人可能发生或者已经发生违反本法第五十六条规定的行为的，应当及时向执行机关报告。
“被保证人有违反本法第五十六条规定的行为，保证人未及时报告的，对保证人处以罚款，构成犯罪的，依法追究刑事责任。”
６、“第五十六条 被取保候审的犯罪嫌疑人、被告人应当遵守以下规定：
“（一）未经执行机关批准不得离开所居住的市、县；
“（二）在传讯的时候及时到案；
“（三）不得以任何形式干扰证人作证；
“（四）不得毁灭、伪造证据或者串供。
“被取保候审的犯罪嫌疑人、被告人违反前款规定，已交纳保证金的，没收保证金，并且区别情形，责令犯罪嫌疑人、被告人具结悔过，重新交纳保证金、提出保证人或者监视居住、予以逮捕。犯罪嫌疑人、被告人在取保候审期间未违反前款规定的，取保候审结束的时候，应当退还保证金。”
７、“第五十七条 被监视居住的犯罪嫌疑人、被告人应当遵守以下规定：
“（一）未经执行机关批准不得离开住处，无固定住处的，未经批准不得离开指定的居所；
“（二）未经执行机关批准不得会见他人；
“（三）在传讯的时候及时到案；
“（四）不得以任何形式干扰证人作证；
“（五）不得毁灭、伪造证据或者串供。
“被监视居住的犯罪嫌疑人、被告人违反前款规定，情节严重的，予以逮捕。”
８、“第五十八条 人民法院、人民检察院和公安机关对犯罪嫌疑人、被告人取保候审最长不得超过十二个月，监视居住最长不得超过六个月。
“在取保候审、监视居住期间，不得中断对案件的侦查、起诉和审理。对于发现不应当追究刑事责任或者取保候审、监视居住期限届满的，应当及时解除取保候审、监视居住。解除取保候审、监视居住，应当及时通知被取保候审、监视居住人和有关单位。”
二十七、第四十条改为第六十条，第一款关于“对主要犯罪事实已经查清”的规定修改为：“对有证据证明有犯罪事实”。
二十八、第四十一条改为第六十一条，其中关于“对于罪该逮捕的现行犯”的规定修改为“对于现行犯”。
第六项改为二项，作为第六项、第七项，修改为：
“（六）不讲真实姓名、住址，身份不明的；
“（七）有流窜作案、多次作案、结伙作案重大嫌疑的。”
删去原第七项。
二十九、第四十一条后增加一条，作为第六十二条：“公安机关在异地执行拘留、逮捕的时候，应当通知被拘留、逮捕人所在地的公安机关，被拘留、逮捕人所在地的公安机关应当予以配合。”
三十、第四十七条改为第六十八条，修改为：“人民检察院对于公安机关提请批准逮捕的案件进行审查后，应当根据情况分别作出批准逮捕或者不批准逮捕的决定。对于批准逮捕的决定，公安机关应当立即执行，并且将执行情况及时通知人民检察院。对于不批准逮捕的，人民检察院应当说明理由，需要补充侦查的，应当同时通知公安机关。”
三十一、第四十八条改为第六十九条，第一款改为三款，作为第一款、第二款、第三款，修改为：“公安机关对被拘留的人，认为需要逮捕的，应当在拘留后的三日以内，提请人民检察院审查批准。在特殊情况下，提请审查批准的时间可以延长一日至四日。
“对于流窜作案、多次作案、结伙作案的重大嫌疑分子，提请审查批准的时间可以延长至三十日。
“人民检察院应当自接到公安机关提请批准逮捕书后的七日以内，作出批准逮捕或者不批准逮捕的决定。人民检察院不批准逮捕的，公安机关应当在接到通知后立即释放，并且将执行情况及时通知人民检察院。对于需要继续侦查，并且符合取保候审、监视居住条件的，依法取保候审或者监视居住。”
删去原第二款。
三十二、第五十一条后增加三条，作为第七十三条、第七十四条、第七十五条：
１、“第七十三条 人民法院、人民检察院和公安机关如果发现对犯罪嫌疑人、被告人采取强制措施不当的，应当及时撤销或者变更。公安机关释放被逮捕的人或者变更逮捕措施的，应当通知原批准的人民检察院。”
２、“第七十四条 犯罪嫌疑人、被告人被羁押的案件，不能在本法规定的侦查羁押、审查起诉、一审、二审期限内办结，需要继续查证、审理的，对犯罪嫌疑人、被告人可以取保候审或者监视居住。”
３、“第七十五条 犯罪嫌疑人、被告人及其法定代理人、近亲属或者犯罪嫌疑人、被告人委托的律师及其他辩护人对于人民法院、人民检察院或者公安机关采取强制措施超过法定期限的，有权要求解除强制措施。人民法院、人民检察院或者公安机关对于被采取强制措施超过法定期限的犯罪嫌疑人、被告人应当予以释放、解除取保候审、监视居住或者依法变更强制措施。”
三十三、第五十八条改为第八十二条，第二项修改为：“（二）‘当事人’是指被害人、自诉人、犯罪嫌疑人、被告人、附带民事诉讼的原告人和被告人”。
第四项修改为：“（四）‘诉讼参与人’是指当事人、法定代理人、诉讼代理人、辩护人、证人、鉴定人和翻译人员”。
增加一项，作为第五项：“（五）‘诉讼代理人’是指公诉案件的被害人及其法定代理人或者近亲属、自诉案件的自诉人及其法定代理人委托代为参加诉讼的人和附带民事诉讼的当事人及其法定代理人委托代为参加诉讼的人”。
原第五项改为第六项。
三十四、向人民法院提起公诉前，原“被告人”的称谓修改为“犯罪嫌疑人”。
第二编第一章“立案”中关于“检举”的规定修改为“举报”。
三十五、第五十九条前增加一条，作为第八十三条：“公安机关或者人民检察院发现犯罪事实或者犯罪嫌疑人，应当按照管辖范围，立案侦查。”
三十六、第五十九条改为第八十四条，修改为：“任何单位和个人发现有犯罪事实或者犯罪嫌疑人，有权利也有义务向公安机关、人民检察院或者人民法院报案或者举报。
“被害人对侵犯其人身、财产权利的犯罪事实或者犯罪嫌疑人，有权向公安机关、人民检察院或者人民法院报案或者控告。
“公安机关、人民检察院或者人民法院对于报案、控告、举报，都应当接受。对于不属于自己管辖的，应当移送主管机关处理，并且通知报案人、控告人、举报人；对于不属于自己管辖而又必须采取紧急措施的，应当先采取紧急措施，然后移送主管机关。
“犯罪人向公安机关、人民检察院或者人民法院自首的，适用第三款规定。”
三十七、第六十条改为第八十五条，第三款修改为：“公安机关、人民检察院或者人民法院应当保障报案人、控告人、举报人及其近亲属的安全。报案人、控告人、举报人如果不愿公开自己的姓名和报案、控告、举报的行为，应当为他保守秘密。”
三十八、第六十一条后增加二条，作为第八十七条、第八十八条：
１、“第八十七条 人民检察院认为公安机关对应当立案侦查的案件而不立案侦查的，或者被害人认为公安机关对应当立案侦查的案件而不立案侦查，向人民检察院提出的，人民检察院应当要求公安机关说明不立案的理由。人民检察院认为公安机关不立案理由不能成立的，应当通知公安机关立案，公安机关接到通知后应当立案。”
２、“第八十八条 对于自诉案件，被害人有权向人民法院直接起诉。被害人死亡或者丧失行为能力的，被害人的法定代理人、近亲属有权向人民法院起诉。人民法院应当依法受理。”
三十九、第二编第二章增加一节，作为第一节：
“第一节 一般规定”
“第八十九条 公安机关对已经立案的刑事案件，应当进行侦查，收集、调取犯罪嫌疑人有罪或者无罪、罪轻或者罪重的证据材料。对现行犯或者重大嫌疑分子可以依法先行拘留，对符合逮捕条件的犯罪嫌疑人，应当依法逮捕。”
“第九十条 公安机关经过侦查，对有证据证明有犯罪事实的案件，应当进行预审，对收集、调取的证据材料予以核实。”
四十、第六十三条改为第九十二条，修改为：“对于不需要逮捕、拘留的犯罪嫌疑人，可以传唤到犯罪嫌疑人所在市、县内的指定地点或者到他的住处进行讯问，但是应当出示人民检察院或者公安机关的证明文件。
“传唤、拘传持续的时间最长不得超过十二小时。不得以连续传唤、拘传的形式变相拘禁犯罪嫌疑人。”
四十一、第六十六条后增加一条，作为第九十六条：“犯罪嫌疑人在被侦查机关第一次讯问后或者采取强制措施之日起，可以聘请律师为其提供法律咨询、代理申诉、控告。犯罪嫌疑人被逮捕的，聘请的律师可以为其申请取保候审。涉及国家秘密的案件，犯罪嫌疑人聘请律师，应当经侦查机关批准。
“受委托的律师有权向侦查机关了解犯罪嫌疑人涉嫌的罪名，可以会见在押的犯罪嫌疑人，向犯罪嫌疑人了解有关案件情况。律师会见在押的犯罪嫌疑人，侦查机关根据案件情况和需要可以派员在场。涉及国家秘密的案件，律师会见在押的犯罪嫌疑人，应当经侦查机关批准。”
四十二、第六十八条改为第九十八条，增加一款，作为第二款：“询问不满十八岁的证人，可以通知其法定代理人到场。”
四十三、第七十三条改为第一百零三条，修改为：“侦查人员执行勘验、检查，必须持有人民检察院或者公安机关的证明文件。”
四十四、第八十条改为第一百一十条，修改为：“任何单位和个人，有义务按照人民检察院和公安机关的要求，交出可以证明犯罪嫌疑人有罪或者无罪的物证、书证、视听资料。”
四十五、第八十六条后增加一条，作为第一百一十七条：“人民检察院、公安机关根据侦查犯罪的需要，可以依照规定查询、冻结犯罪嫌疑人的存款、汇款。
“犯罪嫌疑人的存款、汇款已被冻结的，不得重复冻结。”
四十六、第八十七条改为第一百一十八条，修改为：“对于扣押的物品、文件、邮件、电报或者冻结的存款、汇款，经查明确实与案件无关的，应当在三日以内解除扣押、冻结，退还原主或者原邮电机关。”
四十七、第八十九条改为第一百二十条，增加二款，作为第二款、第三款：
“对人身伤害的医学鉴定有争议需要重新鉴定或者对精神病的医学鉴定，由省级人民政府指定的医院进行。鉴定人进行鉴定后，应当写出鉴定结论，并且由鉴定人签名，医院加盖公章。
“鉴定人故意作虚假鉴定的,应当承担法律责任。”
四十八、第九十条改为第一百二十一条，修改为：“侦查机关应当将用作证据的鉴定结论告知犯罪嫌疑人、被害人。如果犯罪嫌疑人、被害人提出申请，可以补充鉴定或者重新鉴定。”
四十九、第九十条后增加一条，作为第一百二十二条：“对犯罪嫌疑人作精神病鉴定的期间不计入办案期限。”
五十、第九十二条改为二条，作为第一百二十四条、第一百二十五条修改为：
１、“第一百二十四条 对犯罪嫌疑人逮捕后的侦查羁押期限不得超过二个月。案情复杂、期限届满不能终结的案件，可以经上一级人民检察院批准延长一个月。”
２、“第一百二十五条 因为特殊原因，在较长时间内不宜交付审判的特别重大复杂的案件，由最高人民检察院报请全国人民代表大会常务委员会批准延期审理。”
五十一、第九十三条前增加三条，作为第一百二十六条、第一百二十七条、第一百二十八条：
１、“第一百二十六条 下列案件在本法第一百二十四条规定的期限届满不能侦查终结的，经省、自治区、直辖市人民检察院批准或者决定，可以延长二个月：
“（一）交通十分不便的边远地区的重大复杂案件；
“（二）重大的犯罪集团案件；
“（三）流窜作案的重大复杂案件；
“（四）犯罪涉及面广，取证困难的重大复杂案件。”
２、“第一百二十七条 对犯罪嫌疑人可能判处十年有期徒刑以上刑罚，依照本法第一百二十六条规定延长期限届满，仍不能侦查终结的，经省、自治区、直辖市人民检察院批准或者决定，可以再延长二个月。”
３、“第一百二十八条 在侦查期间，发现犯罪嫌疑人另有重要罪行的，自发现之日起依照本法第一百二十四条的规定重新计算侦查羁押期限。
“犯罪嫌疑人不讲真实姓名、住址，身份不明的，侦查羁押期限自查清其身份之日起计算，但是不得停止对其犯罪行为的侦查取证。对于犯罪事实清楚，证据确实、充分的，也可以按其自报的姓名移送人民检察院审查起诉。”
五十二、第九十三条改为第一百二十九条，修改为：“公安机关侦查终结的案件，应当做到犯罪事实清楚，证据确实、充分，并且写出起诉意见书，连同案卷材料、证据一并移送同级人民检察院审查决定。”
五十三、第二编第二章第八节后增加一节，作为第十节：
“第十节 人民检察院对直接受理的案件的侦查”
“第一百三十一条 人民检察院对直接受理的案件的侦查适用本章规定。”
“第一百三十二条 人民检察院直接受理的案件中符合本法第六十条、第六十一条第四项、第五项规定情形，需要逮捕、拘留犯罪嫌疑人的，由人民检察院作出决定，由公安机关执行。”
“第一百三十三条 人民检察院对直接受理的案件中被拘留的人，应当在拘留后的二十四小时以内进行讯问。在发现不应当拘留的时候，必须立即释放，发给释放证明。对需要逮捕而证据还不充足的，可以取保候审或者监视居住。”
“第一百三十四条 人民检察院对直接受理的案件中被拘留的人，认为需要逮捕的，应当在十日以内作出决定。在特殊情况下，决定逮捕的时间可以延长一日至四日。对不需要逮捕的，应当立即释放；对于需要继续侦查，并且符合取保候审、监视居住条件的，依法取保候审或者监视居住。”
“第一百三十五条 人民检察院侦查终结的案件，应当作出提起公诉、不起诉或者撤销案件的决定。”
五十四、第九十五条改为第一百三十六条，修改为：“凡需要提起公诉的案件，一律由人民检察院审查决定。”
五十五、第九十七条改为第一百三十八条，其中关于“公安机关移送起诉或者免予起诉的案件”的规定修改为“公安机关移送起诉的案件”。
增加一款，作为第二款：“人民检察院审查起诉的案件，改变管辖的，从改变后的人民检察院收到案件之日起计算审查起诉期限。”
五十六、第九十八条改为第一百三十九条，修改为：“人民检察院审查案件，应当讯问犯罪嫌疑人，听取被害人和犯罪嫌疑人、被害人委托的人的意见。”
五十七、第九十九条改为第一百四十条，修改为：“人民检察院审查案件，可以要求公安机关提供法庭审判所必需的证据材料。
“人民检察院审查案件，对于需要补充侦查的，可以退回公安机关补充侦查，也可以自行侦查。
“对于补充侦查的案件，应当在一个月以内补充侦查完毕。补充侦查以二次为限。补充侦查完毕移送人民检察院后，人民检察院重新计算审查起诉期限。
“对于补充侦查的案件，人民检察院仍然认为证据不足，不符合起诉条件的，可以作出不起诉的决定。”
五十八、第一百零一条改为第一百四十二条，修改为：“犯罪嫌疑人有本法第十五条规定的情形之一的，人民检察院应当作出不起诉决定。
“对于犯罪情节轻微，依照刑法规定不需要判处刑罚或者免除刑罚的，人民检察院可以作出不起诉决定。
“人民检察院决定不起诉的案件，应当同时对侦查中扣押、冻结的财物解除扣押、冻结。对被不起诉人需要给予行政处罚、行政处分或者需要没收其违法所得的，人民检察院应当提出检察意见，移送有关主管机关处理。有关主管机关应当将处理结果及时通知人民检察院。”
五十九、第一百零二条改为三条，作为第一百四十三条、第一百四十四条、第一百四十五条，修改为：
１、“第一百四十三条 不起诉的决定，应当公开宣布，并且将不起诉决定书送达被不起诉人和他的所在单位。如果被不起诉人在押，应当立即释放。”
２、“第一百四十四条 对于公安机关移送起诉的案件，人民检察院决定不起诉的，应当将不起诉决定书送达公安机关。公安机关认为不起诉的决定有错误的时候，可以要求复议，如果意见不被接受，可以向上一级人民检察院提请复核。”
３、“第一百四十五条 对于有被害人的案件，决定不起诉的，人民检察院应当将不起诉决定书送达被害人。被害人如果不服，可以自收到决定书后七日以内向上一级人民检察院申诉，请求提起公诉。人民检察院应当将复查决定告知被害人。对人民检察院维持不起诉决定的，被害人可以向人民法院起诉。被害人也可以不经申诉，直接向人民法院起诉。人民法院受理案件后，人民检察院应当将有关案件材料移送人民法院。”
六十、第一百零三条改为第一百四十六条，修改为：“对于人民检察院依照本法第一百四十二条第二款规定作出的不起诉决定，被不起诉的人如果不服，可以自收到决定书后七日以内向人民检察院申诉。人民检察院应当作出复查决定，通知被不起诉的人，同时抄送公安机关。”
六十一、删去第一百零四条。
六十二、第一百零五条改为第一百四十七条，第一款修改为：“基层人民法院、中级人民法院审判第一审案件，应当由审判员三人或者由审判员和人民陪审员共三人组成合议庭进行，但是基层人民法院适用简易程序的案件可以由审判员一人独任审判。”
第二款修改为：“高级人民法院、最高人民法院审判第一审案件，应当由审判员三人至七人或者由审判员和人民陪审员共三人至七人组成合议庭进行。”
增加一款，作为第五款：“合议庭的成员人数应当是单数。”
原第五款改为第六款。
六十三、第一百零六条改为第一百四十八条，修改为：“合议庭进行评议的时候，如果意见分歧，应当按多数人的意见作出决定，但是少数人的意见应当写入笔录。评议笔录由合议庭的组成人员签名。”
六十四、第一百零七条改为第一百四十九条，修改为：“合议庭开庭审理并且评议后，应当作出判决。对于疑难、复杂、重大的案件，合议庭认为难以作出决定的，由合议庭提请院长决定提交审判委员会讨论决定。审判委员会的决定，合议庭应当执行。”
六十五、第一百零八条改为第一百五十条，修改为：“人民法院对提起公诉的案件进行审查后，对于起诉书中有明确的指控犯罪事实并且附有证据目录、证人名单和主要证据复印件或者照片的，应当决定开庭审判。”
六十六、删去第一百零九条。
六十七、第一百一十条改为第一百五十一条，第二项修改为：“（二）将人民检察院的起诉书副本至迟在开庭十日以前送达被告人。对于被告人未委托辩护人的，告知被告人可以委托辩护人，或者在必要的时候指定承担法律援助义务的律师为其提供辩护”。
第五项修改为：“（五）公开审判的案件，在开庭三日以前先期公布案由、被告人姓名、开庭时间和地点。”
六十八、第一百一十一条改为第一百五十二条，第一款修改为：“人民法院审判第一审案件应当公开进行。但是有关国家秘密或者个人隐私的案件，不公开审理。”
六十九、第一百一十二条改为第一百五十三条，第一款修改为：“人民法院审判公诉案件，人民检察院应当派员出席法庭支持公诉，但是依照本法第一百七十五条的规定适用简易程序的，人民检察院可以不派员出席法庭。”
删去第二款。
七十、第一百一十四条改为第一百五十五条，修改为：“公诉人在法庭上宣读起诉书后，被告人、被害人可以就起诉书指控的犯罪进行陈述，公诉人可以讯问被告人。
“被害人、附带民事诉讼的原告人和辩护人、诉讼代理人，经审判长许可，可以向被告人发问。
“审判人员可以讯问被告人。”
七十一、第一百一十五条改为第一百五十六条，修改为：“证人作证，审判人员应当告知他要如实地提供证言和有意作伪证或者隐匿罪证要负的法律责任。公诉人、当事人和辩护人、诉讼代理人经审判长许可，可以对证人、鉴定人发问。审判长认为发问的内容与案件无关的时候，应当制止。
“审判人员可以询问证人、鉴定人。”
七十二、第一百一十六条改为第一百五十七条，修改为：“公诉人、辩护人应当向法庭出示物证，让当事人辨认，对未到庭的证人的证言笔录、鉴定人的鉴定结论、勘验笔录和其他作为证据的文书，应当当庭宣读。审判人员应当听取公诉人、当事人和辩护人、诉讼代理人的意见。”
七十三、第一百一十六条后增加一条，作为第一百五十八条：“法庭审理过程中，合议庭对证据有疑问的，可以宣布休庭，对证据进行调查核实。
“人民法院调查核实证据，可以进行勘验、检查、扣押、鉴定和查询、冻结。”
七十四、第一百一十八条改为第一百六十条，修改为：“经审判长许可，公诉人、当事人和辩护人、诉讼代理人可以对证据和案件情况发表意见并且可以互相辩论。审判长在宣布辩论终结后，被告人有最后陈述的权利。”
七十五、第一百一十九条改为第一百六十一条，修改为：“在法庭审判过程中，如果诉讼参与人或者旁听人员违反法庭秩序，审判长应当警告制止。对不听制止的，可以强行带出法庭；情节严重的，处以一千元以下的罚款或者十五日以下的拘留。罚款、拘留必须经院长批准。被处罚人对罚款、拘留的决定不服的，可以向上一级人民法院申请复议。复议期间不停止执行。
“对聚众哄闹、冲击法庭或者侮辱、诽谤、威胁、殴打司法工作人员或者诉讼参与人，严重扰乱法庭秩序，构成犯罪的，依法追究刑事责任。”
七十六、第一百二十条改为第一百六十二条，修改为：“在被告人最后陈述后，审判长宣布休庭，合议庭进行评议，根据已经查明的事实、证据和有关的法律规定，分别作出以下判决：
“（一）案件事实清楚，证据确实、充分，依据法律认定被告人有罪的，应当作出有罪判决；
“（二）依据法律认定被告人无罪的，应当作出无罪判决；
“（三）证据不足，不能认定被告人有罪的，应当作出证据不足、指控的犯罪不能成立的无罪判决。”
七十七、第一百二十三条改为第一百六十五条，删去第三项。原第四项改为第三项。
七十八、第一百二十三条后增加一条，作为第一百六十六条：“依照本法第一百六十五条第二项的规定延期审理的案件，人民检察院应当在一个月以内补充侦查完毕。”
七十九、第一百二十五条改为第一百六十八条，修改为：“人民法院审理公诉案件，应当在受理后一个月以内宣判，至迟不得超过一个半月。有本法第一百二十六条规定情形之一的，经省、自治区、直辖市高级人民法院批准或者决定，可以再延长一个月。
“人民法院改变管辖的案件，从改变后的人民法院收到案件之日起计算审理期限。
“人民检察院补充侦查的案件，补充侦查完毕移送人民法院后，人民法院重新计算审理期限。”
八十、第一百二十五条后增加一条，作为第一百六十九条：“人民检察院发现人民法院审理案件违反法律规定的诉讼程序，有权向人民法院提出纠正意见。”
八十一、第一百二十六条前增加一条，作为第一百七十条：“自诉案件包括下列案件：
“（一）告诉才处理的案件；
“（二）被害人有证据证明的轻微刑事案件；
“（三）被害人有证据证明对被告人侵犯自己人身、财产权利的行为应当依法追究刑事责任，而公安机关或者人民检察院不予追究被告人刑事责任的案件。”
八十二、第一百二十六条改为第一百七十一条，修改为：“人民法院对于自诉案件进行审查后，按照下列情形分别处理：
“（一）犯罪事实清楚，有足够证据的案件，应当开庭审判；
“（二）缺乏罪证的自诉案件，如果自诉人提不出补充证据，应当说服自诉人撤回自诉，或者裁定驳回。
“自诉人经两次依法传唤，无正当理由拒不到庭的，或者未经法庭许可中途退庭的，按撤诉处理。
“法庭审理过程中，审判人员对证据有疑问，需要调查核实的，适用本法第一百五十八条的规定。”
八十三、第一百二十七条改为第一百七十二条，修改为：“人民法院对自诉案件，可以进行调解；自诉人在宣告判决前，可以同被告人自行和解或者撤回自诉。本法第一百七十条第三项规定的案件不适用调解。”
八十四、第三编第一章第二节后增加一节，作为第三节：
“第三节 简易程序”
“第一百七十四条 人民法院对于下列案件，可以适用简易程序，由审判员一人独任审判：
“（一）对依法可能判处三年以下有期徒刑、拘役、管制、单处罚金的公诉案件，事实清楚、证据充分，人民检察院建议或者同意适用简易程序的；
“（二）告诉才处理的案件；
“（三）被害人起诉的有证据证明的轻微刑事案件。”
“第一百七十五条 适用简易程序审理公诉案件，人民检察院可以不派员出席法庭。被告人可以就起诉书指控的犯罪进行陈述和辩护。人民检察院派员出席法庭的，经审判人员许可，被告人及其辩护人可以同公诉人互相辩论。”
“第一百七十六条 适用简易程序审理自诉案件，宣读起诉书后，经审判人员许可，被告人及其辩护人可以同自诉人及其诉讼代理人互相辩论。”
“第一百七十七条 适用简易程序审理案件，不受本章第一节关于讯问被告人、询问证人、鉴定人、出示证据、法庭辩论程序规定的限制。但在判决宣告前应当听取被告人的最后陈述意见。”
“第一百七十八条 适用简易程序审理案件，人民法院应当在受理后二十日以内审结。”
“第一百七十九条 人民法院在审理过程中，发现不宜适用简易程序的，应当按照本章第一节或者第二节的规定重新审理。”
八十五、第一百二十九条改为第一百八十条，第一款修改为：“被告人、自诉人和他们的法定代理人，不服地方各级人民法院第一审的判决、裁定，有权用书状或者口头向上一级人民法院上诉。被告人的辩护人和近亲属，经被告人同意，可以提出上诉。”
八十六、第一百三十条后增加一条，作为第一百八十二条：“被害人及其法定代理人不服地方各级人民法院第一审的判决的，自收到判决书后五日以内，有权请求人民检察院提出抗诉。人民检察院自收到被害人及其法定代理人的请求后五日以内，应当作出是否抗诉的决定并且答复请求人。”
八十七、第一百三十二条改为第一百八十四条，第一款、第二款关于“当事人”的规定修改为：“被告人、自诉人、附带民事诉讼的原告人和被告人”。
八十八、第一百三十四条后增加一条，作为第一百八十七条：“第二审人民法院对上诉案件，应当组成合议庭，开庭审理。合议庭经过阅卷，讯问被告人、听取其他当事人、辩护人、诉讼代理人的意见，对事实清楚的，可以不开庭审理。对人民检察院抗诉的案件，第二审人民法院应当开庭审理。
“第二审人民法院开庭审理上诉、抗诉案件，可以到案件发生地或者原审人民法院所在地进行。”
八十九、第一百三十五条改为第一百八十八条，修改为：“人民检察院提出抗诉的案件或者第二审人民法院开庭审理的公诉案件，同级人民检察院都应当派员出庭。第二审人民法院必须在开庭十日以前通知人民检察院查阅案卷。”
九十、第一百三十八条改为第一百九十一条，修改为：“第二审人民法院发现第一审人民法院的审理有下列违反法律规定的诉讼程序的情形之一的，应当裁定撤销原判，发回原审人民法院重新审判：
“（一）违反本法有关公开审判的规定的；
“（二）违反回避制度的；
“（三）剥夺或者限制了当事人的法定诉讼权利，可能影响公正审判的；
“（四）审判组织的组成不合法的；
“（五）其他违反法律规定的诉讼程序，可能影响公正审判的。”
九十一、第一百三十九条改为第一百九十二条，修改为：“原审人民法院对于发回重新审判的案件，应当另行组成合议庭，依照第一审程序进行审判。对于重新审判后的判决，依照本法第一百八十条、第一百八十一条、第一百八十二条的规定可以上诉、抗诉。”
九十二、第一百四十条后增加一条，作为第一百九十四条：“第二审人民法院发回原审人民法院重新审判的案件，原审人民法院从收到发回的案件之日起，重新计算审理期限。”
九十三、第一百四十二条改为第一百九十六条，修改为：“第二审人民法院受理上诉、抗诉案件，应当在一个月以内审结，至迟不得超过一个半月。有本法第一百二十六条规定情形之一的，经省、自治区、直辖市高级人民法院批准或者决定，可以再延长一个月，但是最高人民法院受理的上诉、抗诉案件，由最高人民法院决定。”
九十四、第一百四十三条后增加一条，作为第一百九十八条：“公安机关、人民检察院和人民法院对于扣押、冻结犯罪嫌疑人、被告人的财物及其孳息，应当妥善保管，以供核查。任何单位和个人不得挪用或者自行处理。对被害人的合法财产，应当及时返还。对违禁品或者不宜长期保存的物品，应当依照国家有关规定处理。
“对作为证据使用的实物应当随案移送，对不宜移送的，应当将其清单、照片或者其他证明文件随案移送。
“人民法院作出的判决生效以后，对被扣押、冻结的赃款赃物及其孳息，除依法返还被害人的以外，一律没收，上缴国库。
“司法工作人员贪污、挪用或者私自处理被扣押、冻结的赃款赃物及其孳息的，依法追究刑事责任；不构成犯罪的，给予处分。”
九十五、第一百四十八条改为第二百零三条，修改为：“当事人及其法定代理人、近亲属，对已经发生法律效力的判决、裁定，可以向人民法院或者人民检察院提出申诉，但是不能停止判决、裁定的执行。”
九十六、第一百四十八条后增加一条，作为第二百零四条：“当事人及其法定代理人、近亲属的申诉符合下列情形之一的，人民法院应当重新审判：
“（一）有新的证据证明原判决、裁定认定的事实确有错误的；
“（二）据以定罪量刑的证据不确实、不充分或者证明案件事实的主要证据之间存在矛盾的；
“（三）原判决、裁定适用法律确有错误的；
“（四）审判人员在审理该案件的时候，有贪污受贿，徇私舞弊，枉法裁判行为的。”
九十七、第一百四十九条改为第二百零五条，第三款修改为：“最高人民检察院对各级人民法院已经发生法律效力的判决和裁定，上级人民检察院对下级人民法院已经发生法律效力的判决和裁定，如果发现确有错误，有权按照审判监督程序向同级人民法院提出抗诉。”
增加一款，作为第四款：“人民检察院抗诉的案件，接受抗诉的人民法院应当组成合议庭重新审理，对于原判决事实不清楚或者证据不足的，可以指令下级人民法院再审。”
九十八、第一百五十条后增加一条，作为第二百零七条：“人民法院按照审判监督程序重新审判的案件，应当在作出提审、再审决定之日起三个月以内审结，需要延长期限的，不得超过六个月。
“接受抗诉的人民法院按照审判监督程序审判抗诉的案件，审理期限适用前款规定；对需要指令下级人民法院再审的，应当自接受抗诉之日起一个月以内作出决定，下级人民法院审理案件的期限适用前款规定。”
九十九、第一百五十三条改为第二百一十条，第二款修改为：“被判处死刑缓期二年执行的罪犯，在死刑缓期执行期间，如果没有故意犯罪，死刑缓期执行期满，应当予以减刑，由执行机关提出书面意见，报请高级人民法院裁定；如果故意犯罪，查证属实，应当执行死刑，由高级人民法院报请最高人民法院核准。”
一百、第一百五十四条改为第二百一十一条，第一款增加一项，作为第二项：“（二）在执行前罪犯揭发重大犯罪事实或者有其他重大立功表现，可能需要改判的”。
原第二项改为第三项。
第二款修改为：“前款第一项、第二项停止执行的原因消失后，必须报请最高人民法院院长再签发执行死刑的命令才能执行；由于前款第三项原因停止执行的，应当报请最高人民法院依法改判。”
一百零一、第一百五十五条改为第二百一十二条，增加二款，作为第二款、第三款：“死刑采用枪决或者注射等方法执行。
“死刑可以在刑场或者指定的羁押场所内执行。”
原第二款、第三款、第四款、第五款改为第四款、第五款、第六款、第七款。
一百零二、第一百五十六条改为第二百一十三条，修改为：“罪犯被交付执行刑罚的时候，应当由交付执行的人民法院将有关的法律文书送达监狱或者其他执行机关。
“对于被判处死刑缓期二年执行、无期徒刑、有期徒刑的罪犯，由公安机关依法将该罪犯送交监狱执行刑罚。对于被判处有期徒刑的罪犯，在被交付执行刑罚前，剩余刑期在一年以下的，由看守所代为执行。对于被判处拘役的罪犯，由公安机关执行。
“对未成年犯应当在未成年犯管教所执行刑罚。
“执行机关应当将罪犯及时收押，并且通知罪犯家属。
“判处有期徒刑、拘役的罪犯，执行期满，应当由执行机关发给释放证明书。”
一百零三、第一百五十七条改为第二百一十四条，修改为：“对于被判处有期徒刑或者拘役的罪犯，有下列情形之一的，可以暂予监外执行：
“（一）有严重疾病需要保外就医的；
“（二）怀孕或者正在哺乳自己婴儿的妇女。
“对于适用保外就医可能有社会危险性的罪犯，或者自伤自残的罪犯，不得保外就医。
“对于罪犯确有严重疾病，必须保外就医的，由省级人民政府指定的医院开具证明文件，依照法律规定的程序审批。
“发现被保外就医的罪犯不符合保外就医条件的，或者严重违反有关保外就医的规定的，应当及时收监。
“对于被判处有期徒刑、拘役，生活不能自理，适用暂予监外执行不致危害社会的罪犯,可以暂予监外执行。
“对于暂予监外执行的罪犯，由居住地公安机关执行，执行机关应当对其严格管理监督，基层组织或者罪犯的原所在单位协助进行监督。”
一百零四、第一百五十七条后增加二条，作为第二百一十五条、第二百一十六条：
１、“第二百一十五条 批准暂予监外执行的机关应当将批准的决定抄送人民检察院。人民检察院认为暂予监外执行不当的，应当自接到通知之日起一个月以内将书面意见送交批准暂予监外执行的机关，批准暂予监外执行的机关接到人民检察院的书面意见后，应当立即对该决定进行重新核查。”
２、“第二百一十六条 暂予监外执行的情形消失后，罪犯刑期未满的，应当及时收监。
“罪犯在暂予监外执行期间死亡的，应当及时通知监狱。”
一百零五、第一百六十二条改为第二百二十一条，第一款修改为：“罪犯在服刑期间又犯罪的，或者发现了判决的时候所没有发现的罪行，由执行机关移送人民检察院处理。”
一百零六、第一百六十二条后增加一条，作为第二百二十二条：“人民检察院认为人民法院减刑、假释的裁定不当，应当在收到裁定书副本后二十日以内，向人民法院提出书面纠正意见。人民法院应当在收到纠正意见后一个月以内重新组成合议庭进行审理，作出最终裁定。”
一百零七、第一百六十三条改为第二百二十三条，修改为：“监狱和其他执行机关在刑罚执行中，如果认为判决有错误或者罪犯提出申诉，应当转请人民检察院或者原判人民法院处理。”
一百零八、第一百六十四条改为第二百二十四条，修改为：“人民检察院对执行机关执行刑罚的活动是否合法实行监督。如果发现有违法的情况，应当通知执行机关纠正。”
一百零九、第四编后增加附则：
“附则”
“第二百二十五条 军队保卫部门对军队内部发生的刑事案件行使侦查权。
“对罪犯在监狱内犯罪的案件由监狱进行侦查。
“军队保卫部门、监狱办理刑事案件，适用本法的有关规定。”
一百一十、本决定自１９９７年１月１日起施行。《中华人民共和国逮捕拘留条例》、《全国人民代表大会常务委员会关于迅速审判严重危害社会治安的犯罪分子的程序的决定》、《全国人民代表大会常务委员会关于刑事案件办案期限的补充规定》同时废止。
附：中华人民共和国刑事诉讼法（修正）
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ORDER OF THE PRESIDENT OF THE PEOPLE'S
REPUBLIC OF CHINA
No. 64
The Decision of the National People's Congress on Revising
the Criminal Procedure Law of the People's Republic of
China, adopted at the Fourth Session of the Eighth National
People's Congress of the People's Republic of China on March
17, 1996, is hereby promulgated and shall enter into force
as of January 1, 1997.
Jiang Zemin
President of the People's Republic of China
March 17, 1996
DECISION OF THE NATIONAL PEOPLE'S CONGRESS ON REVISING
THE CRIMINAL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fourth Session of the Eighth National
People's Congress on March 17, 1996, promulgated by Order
No. 64 of the President of the People's Republic of China on
March 17, 1996, and effective as of January 1, 1997)
At its Fourth Session, the Eighth National People's
Congress, having considered the Draft Amendment to the
Criminal Procedure Law of the People's Republic of China,
decides to make the following amendments to the Criminal
Procedure Law of the People's Republic of China:
1. The heading of Chapter I of Part One is revised as "Aim
and Basic Principles".
2. Article 1 is revised as follows: "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."
3. Article 2 is revised as follows: "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."
4. The first paragraph of Article 3 is revised as follows:
"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."
5. After Article 3, two articles are added as Article 4 and
Article 5:
a. "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."
b. "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."
6. After Article 5, one article is added as Article 8: "The
People's Procuratorates shall, in accordance with law,
exercise legal supervision over criminal proceedings."
7. After Article 8, one article is added as Article 12: "No
person shall be found guilty without being judged as such by
a People's Court according to law."
8. Article 11 is changed to be Article 15, and the provision
thereof "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 innocence shall be
declared" is revised as follows: "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".
Sub-paragraph (6) is revised as follows: "(6) if other laws
provide an exemption from investigation of criminal
responsibility."
9. After Article 12, one article is added as 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."
10. Article 13 is changed to be Article 18 and revised as
follows: "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."
11. Article 15 is changed to be Article 20 and revised as
follows: "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."
12. Article 18 is changed to be Article 23, and the
provision thereof "they may also transfer criminal cases
over which they themselves have jurisdiction as courts of
first instance to People's Courts at lower levels for trial"
is deleted.
13. After Article 23, one article is added as 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."
14. Article 24 is changed to be Article 30, and the third
paragraph thereof is revised as follows: "If a decision has
been made to reject his application for withdrawal, the
party or his legal representative may apply for
reconsideration once."
15. The heading of Chapter IV of Part One is revised as: "Defence
and Representation."
16. Article 26 is changed to be Article 32 and revised as
follows: "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."
17. After Article 26, one article is added as 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."
18. Article 27 is changed to be Article 34 and revised as
follows: "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."
19. Article 29 is changed to be Article 36 and revised as
follows: "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."
20. After Article 29, two articles are added as Article 37
and Article 38:
a. "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."
b. "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."
21. After Article 30, two articles are added as Article 40
and Article 41:
a. "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."
b. "Article 41 With regard to entrusting of agents ad litem,
the provisions of Article 32 of this Law shall be applied
mutatis mutandis."
22. Article 31 is changed to be Article 42, and one
sub-paragraph is added to the second paragraph thereof as
sub-paragraph (7):
"(7) audio-visual materials."
23. Article 34 is changed to be Article 45, and the first
paragraph thereof is revised as follows: "The People's
Courts, the People's Procuratorates and the public security
organs shall have the authority to collect and obtain
evidence from the units and individuals concerned. The units
and individuals concerned shall provide truthful evidence."
The second paragraph is revised as follows: "Evidence
involving State secrets shall be kept confidential."
24. After Article 37, one article is added as 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."
25. Article 38 is changed to be Article 50, and the second
and third
paragraphs thereof are deleted.
26. After Article 38, eight articles are added as Article
51, Article 52, Article 53, Article 54, Article 55, Article
56, Article 57 and Article 58:
a. "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."
b. "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."
c. "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."
d. "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."
e. "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."
f. "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."
g. "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."
h. "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 matter immediately."
27. Article 40 is changed to be Article 60, and the
provision in the first paragraph thereof "When the main
facts of a crime have been already ascertained" is revised
as: "When there is evidence to support the facts of a
crime."
28. Article 41 is changed to be Article 61, and the
provision thereof "an active criminal deserving arrest" is
revised as: "an active criminal".
Sub-paragraph (6) is changed into two sub-paragraphs to make
sub- paragraph (6) and sub-paragraph (7) and revised as
follows:
"(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.
The original sub-paragraph (7) is deleted.
29. After Article 41, one article is added as 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."
30. Article 47 is changed to be Article 68 and revised as
follows: "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."
31. Article 48 is changed to be Article 69, and the first
paragraph thereof is changed into three paragraphs to make
the first paragraph, the second paragraph and the third
paragraph and revised as follows: "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."
The original second paragraph is deleted.
32. After Article 51, three articles are added as Article
73, Article 74 and Article 75:
a. "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."
b. "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."
c. "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."
33. Article 58 is changed to be Article 82, and the
sub-paragraph (2) thereof is revised as follows: "(2) The
term 'parties' means victims, private prosecutors, criminal
suspects, defendants, and the plaintiffs and defendants in
incidental civil actions."
Sub-paragraph (4) is revised as follows: "(4) The words
'participants in the proceedings' mean the parties, legal
representatives, agents ad litem, defenders, witnesses,
expert witnesses and interpreters."
One sub-paragraph is added as sub-paragraph (5): "(5) The
term 'agents ad litem' means persons entrusted by victims in
cases of public prosecution and their legal representatives
or near relatives and by private prosecutors in cases of
private prosecution and their legal representatives to
participate in legal proceedings on their behalf, and
persons entrusted by parties in incidental civil actions and
their legal representatives to participate in legal
proceedings on their behalf."
The original sub-paragraph (5) is changed to be
sub-paragraph (6).
34. Before public prosecution is initiated to a People's
Court, the original title of "defendant" is revised to be
"criminal suspect".
The word "accusation" in Chapter I of Part Two, entitled
Filing a Case, is revised to be "information".
35. Before Article 59, one article is added as Article 83:
"The public security organs or the People's Procuratorates
shall, upon discovering facts of crimes or criminal
suspects, file the cases for investigation within the scope
of their jurisdiction."
36. Article 59 is changed to be Article 84 and revised as
follows: "Any unit or individual, upon discovering facts of
a crime or a criminal suspect, shall have the right and duty
to report the case or provide information to a public
security organ, a People's Procuratorate or a People's
Court.
When his personal or property rights are infringed upon, the
victim shall have the right to report to a public security
organ, a People's Procuratorate or a People's Court about
the facts of the crime or bring a complaint to it against
the criminal suspect.
The public security organ, the People's Procuratorate or the
People's Court shall accept all reports, complaints and
information. If a case does not fall under its jurisdiction,
it shall refer the case to the competent organ and notify
the person who made the report, lodged the complaint or
provided the information. If the case does not fall under
its jurisdiction but calls for emergency measures, it shall
take emergency measures before referring the case to the
competent organ.
Where an offender delivers himself up to a public security
organ, a People's Procuratorate or a People's Court, the
provisions of the third paragraph shall apply."
37. Article 60 is changed to be Article 85, and the third
paragraph thereof is revised as follows: "The public
security organs, the People's Procuratorates and the
People's Courts shall insure the safety of reporters,
complainants and informants as well as their near relatives.
If the reporters, complainants or informants wish not to
make their names and acts of reporting, complaining or
informing known to the public, these shall be kept
confidential for them."
38. After Article 61, two articles are added as Article 87
and Article 88:
a. "Article 87 Where a People's Procuratorate considers that
a case should be filed for investigation by a public
security organ but the latter has not done so, or where a
victim considers that a case should be filed for
investigation by a public security organ but the latter has
not done so and the victim has brought the matter to a
People's Procuratorate, the People's Procuratorate shall
request the public security organ to state the reasons for
not filing the case. If the People's Procuratorate considers
that the reasons for not filing the case given by the public
security organ are untenable, it shall notify the public
security organ to file the case, and upon receiving the
notification, the public security organ shall file the
case."
b. "Article 88 As to a case of private prosecution, the
victim shall have the right to bring a suit directly to a
People's Court. If the victim is dead or has lost his
ability of conduct, his legal representatives and near
relatives shall have the right to bring a suit to a People's
Court. The People's Court shall accept it according to law."
39. One section is added to Chapter II of Part Two and
serves as Section I:
"Section I General Provisions"
"Article 89 With respect to a criminal case which has been
filed, the public security organ shall carry out
investigation, collecting and obtaining evidence to prove
the criminal suspect guilty or innocent or to prove the
crime to be minor or grave. Active criminals or major
suspects may be detained first according to law, and
criminal suspects who meet the conditions for arrest shall
be arrested according to law."
"Article 90 After investigation, the public security organ
shall start preliminary inquiry into a case for which there
is evidence that supports the facts of the crime, in order
to verify the evidence which has been collected and
obtained."
40. Article 63 is changed to be Article 92 and revised as
follows: "A criminal suspect who need not be arrested or
detained may be summoned to a designated place in the city
or county where the criminal suspect stays for
interrogation, or he may be interrogated at his residence.
However, the interrogators shall produce their papers issued
by a People's Procuratorate or a public security organ.
"The time for interrogation through summons or forced
appearance shall not exceed 12 hours. A criminal suspect
shall not be detained under the disguise of successive
summons or forced appearance."
41. After Article 66, one article is added as Article 96:
"After the criminal suspect is interrogated by an
investigation organ for the first time or from the day on
which compulsory measures are adopted against him, he may
appoint a lawyer to provide him with legal advice and to
file petitions and complaints on his behalf. If the criminal
suspect is arrested, the appointed lawyer may apply on his
behalf for obtaining a guarantor pending trial. If a case
involves State secrets, the criminal suspect shall have to
obtain the approval of the investigation organ for
appointing a lawyer.
"The appointed lawyer shall have the right to find out from
the investigation organ about the crime suspected of, and
may meet with the criminal suspect in custody to inquire
about the case. When the lawyer meets with the criminal
suspect in custody, the investigation organ may, in light of
the seriousness of the crime and where it deems it
necessary, send its people to be present at the meeting. If
a case involves State secrets, before the lawyer meets with
the criminal suspect, he shall have to obtain the approval
of the investigation organ."
42. Article 68 is changed to be Article 98, and one
paragraph is added thereto as the second paragraph: "When a
witness under the age of 18 is questioned, his legal
representative may be notified to be present."
43. Article 73 is changed to be Article 103 and revised as
follows: "To conduct an inquest or examination, the
investigators must have papers issued by a People's
Procuratorate or a public security organ."
44. Article 80 is changed to be Article 110 and revised as
follows: "Any unit or individual shall have the duty, as
required by the People's Procuratorate or the public
security organ, to hand over material evidence, documentary
evidence or audio-visual material which may prove the
criminal suspect guilty or innocent."
45. After Article 86, one article is added as Article 117:
"The People's Procuratorates and the public security organs
may, as required by investigation of crimes, inquire into or
freeze criminal suspects' deposits or remittances according
to regulations.
"If the deposits or remittances of the criminal suspects
have been frozen, they shall not be frozen for a second
time."
46. Article 87 is changed to be Article 118 and revised as
follows: "If any seized articles, documents, mail, telegrams
or frozen deposits and remittances are proved through
investigation to be truly irrelevant to a case, the seizure
and freeze shall be cancelled within three days, and the
things shall be returned to their original owners or the
original post and telecommunications offices."
47. Article 89 is changed to be Article 120, and two
paragraphs are added thereto as the second paragraph and the
third paragraph:
"Reverification necessitated by disputes over medical
verification of personal injuries and medical verification
of mental illness shall be conducted by a hospital
designated by a people's government at the provincial level.
After verification, the expert shall make a conclusion in
writing, to which his signature and the hospital's seal
shall be affixed."
"If an expert intentionally makes a false verification, he
shall assume legal responsibility."
48. Article 90 is changed to be Article 121 and revised as
follows: "The investigation organ shall notify the criminal
suspect and the victim of the conclusion of the expert
verification which will be used as evidence in his case. A
supplementary expert verification or another expert
verification may be conducted upon application submitted by
the criminal suspect or the victim."
49. After Article 90, one article is added as Article 122:
"The period during which the mental illness of a criminal
suspect is under verification shall not be included in the
period of time for handling the case."
50. Article 92 is changed into two articles to make Article
124 and Article 125 and revised as follows:
a. "Article 124 The time limit for holding a criminal
suspect in custody during investigation after arrest shall
not exceed two months. If the case is complex and cannot be
concluded within the time limit, an extension of one month
may be allowed with the approval of the People's
Procuratorate at the next higher level."
b. "Article 125 If due to special reasons, it is still not
appropriate to hand over a particularly grave and complex
case for trial even within a relatively long period of time,
the Supreme People's Procuratorate shall submit a report to
the Standing Committee of the National People's Congress for
approval of postponing the hearing of the case."
51. Before Article 93, three articles are added as Article
126, Article 127 and Article 128:
a. "Article 126 With respect to the following cases, if
investigation cannot be concluded within the time limit
specified in Article 124 of this Law, an extension of two
months may be allowed upon approval or decision by the
People's Procuratorate of a province, autonomous region or
municipality directly under the Central Government:
"(1) grave and complex cases in outlying areas where traffic
is most inconvenient;
"(2) grave cases that involve criminal gangs;
"(3) grave and complex cases that involve people who commit
crimes from one place to another; and
"(4) grave and complex cases that involve various quarters
and for which it is difficult to obtain evidence."
b. "Article 127 If in the case of a criminal suspect who may
be sentenced to fixedterm imprisonment of ten years at
least, investigation of the case can still not be concluded
upon expiration of the extended time limit as provided in
Article 126 of this Law, another extension of two months may
be allowed upon approval or decision by the People's
Procuratorate of a province, autonomous region or
municipality directly under the Central Government."
c. "Article 128 If during the period of investigation a
criminal suspect is found to have committed other major
crimes, the time limit for holding the criminal suspect in
custody during investigation shall be recalculated, in
accordance with the provisions of Article 124 of this Law,
from the date on which such crimes are found.
"If a criminal suspect does not tell his true name and
address and his identity is unknown, the time limit for
holding him in custody during investigation shall be
calculated from the date on which his identity is found out.
However, before then, the investigation into his crime and
obtaining of evidence shall not be ceased. If the facts of a
crime are clear and the evidence is reliable and sufficient,
the case may, by the name given by the criminal suspect
himself, be transferred to a People's Procuratorate for
examination and prosecution."
52. Article 93 is changed to be Article 129 and revised as
follows: "After a public security organ has concluded its
investigation of a case, the facts should be clear and the
evidence reliable and sufficient and, in addition, it shall
make a written recommendation for prosecution, which shall
be transferred, together with the case file and evidence, to
the People's Procuratorate at the same level for examination
and decision."
53. After Section 8 in Chapter II of Part Two, one section
is added as Section 10:
"Section 10 Investigation of Cases Directly Accepted by the
People's Procuratorates."
"Article 131 Investigation of cases directly accepted by the
People's Procuratorates shall be governed by the provisions
of this Chapter."
"Article 132 If a case directly accepted by a People's
Procuratorate conforms with the conditions provided in
Article 60 and in sub-paragraph (4) or sub-paragraph (5) of
Article 61 of this Law, thus arrest or detention of the
criminal suspect is necessitated, the decision thereon shall
be made by the People's Procuratorate and executed by a
public security organ."
"Article 133 A detainee in a case directly accepted by a
People's Procuratorate shall be interrogated within 24 hours
after the detention. If it is found that the person should
not have been detained, he must be released immediately and
issued a release certificate. If an arrest is necessitated
but the evidence is insufficient, the detainee may be
allowed to obtain a guarantor pending trial or be subjected
to residential surveillance."
"Article 134 If a People's Procuratorate deems it necessary
to arrest a detainee in a case directly accepted by it, it
shall make a decision thereon within 10 days after the
detention. Under special circumstances, the time limit for
deciding on an arrest may be extended by one to four days.
If arrest is unnecessary, the detainee shall be released
immediately; if the case requires further investigation and
the detainee meets the conditions for obtaining a guarantor
pending trial or for residential surveillance, he shall be
allowed to obtain a guarantor pending trial or be subjected
to residential surveillance according to law."
"Article 135 After a People's Procuratorate has concluded
its investigation of a case, it shall make a decision to
initiate public prosecution, not to initiate a prosecution
or to dismiss the case."
54. Article 95 is changed to be Article 136 and revised as
follows: "All cases requiring initiation of a public
prosecution shall be examined for decision by the People's
Procuratorates."
55. Article 97 is changed to be Article 138, and the
provision which reads: "a case that a public security organ
has transferred with a recommendation to initiate a public
prosecution or exempt from prosecution" is revised as: "a
case that a public security organ has transferred with a
recommendation to initiate a prosecution."
One paragraph is added as the second paragraph: "If
jurisdiction over a case to be examined and prosecuted by a
People's Procuratorate is altered, the time limit for
examination and prosecution shall be calculated from the
date on which another People's Procuratorate receives the
case after the alteration."
56. Article 98 is changed to be Article 139 and revised as
follows: "When examining a case, the People's Procuratorate
shall interrogate the criminal suspect and heed the opinions
of the victim and of the persons entrusted by the criminal
suspect and the victim."
57. Article 99 is changed to be Article 140 and revised as
follows: "In examining a case, the People's Procuratorate
may request a public security organ to provide the evidence
that is essential to the trial in court.
"In examining a case that requires supplementary
investigation, the People's Procuratorate may remand the
case to a public security organ for supplementary
investigation or conduct the investigation itself.
"In cases where supplementary investigation is to be
conducted, it shall be completed within one month.
Supplementary investigation may be conducted twice at most.
When supplementary investigation is completed and the case
is transferred to the People's Procuratorate, the time limit
for examination and prosecution shall be recalculated by the
People's Procuratorate.
"With respect to a case for which supplementary
investigation has been conducted, if the People's
Procuratorate still believes that the evidence is
insufficient and the case does not meet the conditions for
initiation of a prosecution, the People's Procuratorate may
decide not to initiate a prosecution."
58. Article 101 is changed to be Article 142 and revised as
follows: "If a criminal suspect is found to be under one of
the circumstances provided in Article 15 of this Law, the
People's Procuratorate shall make a decision not to initiate
a prosecution.
"With respect to a case that is minor and the offender need
not be given criminal punishment or need be exempted from it
according to the Criminal Law, the People's Procuratorate
may decide not to initiate a prosecution.
"With respect to a case for which the People's Procuratorate
has decided not to initiate a prosecution, the People's
Procuratorate shall, at the same time, cancel the seizure or
freeze of the property or things of value seized or frozen
during the period of investigation. If the person against
whom prosecution is not to be initiated need be given
administrative penalty or administrative sanction or his
illegal gains need be confiscated, the People's
Procuratorate shall make suggestions to such an effect and
transfer the case to the competent organ for handling. The
competent organ shall, without delay, inform the People's
Procuratorate of how it has handled the case."
59. Article 102 is changed into three articles to make
Article 143, Article 144 and Article 145, and revised as
follows:
a. "Article 143 A decision not to initiate a prosecution
shall be announced publicly, and the decision shall, in
written form, be delivered to the person who is not to be
prosecuted and his unit. If the said person is in custody,
he shall be released immediately."
b. "Article 144 With respect to a case transferred by a
public security organ for prosecution, if the People's
Procuratorate decides not to initiate a prosecution, it
shall deliver the decision in writing to the public security
organ. If the public security organ considers that the
decision not to initiate a prosecution is wrong, it may
demand reconsideration, and if the demand is rejected, it
may submit the matter to the People's Procuratorate at the
next higher level for review."
c. "Article 145 If the People's Procuratorate decides not to
initiate a prosecution with respect to a case that involves
a victim, it shall send the decision in writing to the
victim. If the victim refuses to accept the decision, he
may, within seven days after receiving the written decision,
present a petition to the People's Procuratorate at the next
higher level and request the latter to initiate a public
prosecution. The People's Procuratorate shall notify the
victim of its decision made after reexamination. If the
People's Procuratorate upholds the decision not to initiate
a prosecution, the victim may bring a lawsuit to a People's
Court. The victim may also bring a lawsuit directly to a
People's Court without presenting a petition first. After
the People's Court has accepted the case, the People's
Procuratorate shall transfer the relevant case file to the
People's Court."
60. Article 103 is changed to be Article 146 and revised as
follows: "If the person against whom a People's
Procuratorate decides, in accordance with the provisions of
the second paragraph of Article 142 of this Law, not to
initiate a prosecution still refuses to accept the decision,
he may present a petition to the People's Procuratorate
within seven days after receiving the written decision. The
People's Procuratorate shall make a decision to conduct a
reexamination, notify the person against whom no prosecution
is to be initiated and at the same time send a copy of the
decision to the public security organ."
61. Article 104 is deleted.
62. Article 105 is changed to be Article 147, and the first
paragraph thereof is revised as follows: "Trials of cases of
first instance in the Primary and Intermediate People's
Courts shall be conducted by a collegial panel composed of
three judges or of judges and people's assessors totalling
three. However, cases in which summary procedure is applied
in the Primary People's Courts may be tried by a single
judge alone."
The second paragraph is revised as follows: "Trials of cases
of first instance in the Higher People's Courts or the
Supreme People's Court shall be conducted by a collegial
panel composed of three to seven judges or of judges and
people's assessors totalling three to seven."
One paragraph is added as the fifth paragraph: "The members
of a collegial panel shall be odd in number."
The original fifth paragraph is changed to be the sixth
paragraph.
63. Article 106 is changed to be Article 148 and revised as
follows: "If opinions differ when a collegial panel conducts
its deliberations, a decision shall be made in accordance
with the opinions of the majority, but the opinions of the
minority shall be entered in the records. The records of the
deliberations shall be signed by the members of the
collegial panel."
64. Article 107 is changed to be Article 149 and revised as
follows: "After the hearings and deliberations, the
collegial panel shall render a judgment. With respect to a
difficult, complex or major case, on which the collegial
panel considers it difficult to make a decision, the
collegial panel shall refer the case to the president of the
court for him to decide whether to submit the case to the
judicial committee for discussion and decision. The
collegial panel shall execute the decision of the judicial
committee."
65. Article 108 is changed to be Article 150 and revised as
follows: "After a People's Court has examined a case in
which public prosecution was initiated, it shall decide to
open the court session and try the case, if the bill of
prosecution contains clear facts of the crime accused and,
in addition, there are a list of evidence and a list of
witnesses as well as duplicates or photos of major evidence
attached to it."
66. Article 109 is deleted.
67. Article 110 is changed to be Article 151, and
sub-paragraph (2) thereof is revised as follows: "(2) to
deliver to the defendant a copy of the bill of prosecution
of the People's Procuratorate no later than ten days before
the opening of the court session. If the defendant has not
appointed a defender, he shall be informed that he may
appoint a defender or, when necessary, designate a lawyer
that is obligated to provide legal aid to serve as a
defender for him."
Sub-paragraph (5) is revised as follows: "(5) to announce,
three days before the opening of the session, the subject
matter of the case to be heard in public, the name of the
defendant and the time and place of the court session."
68. Article 111 is changed to be Article 152, and the first
paragraph thereof is revised as follows: "Cases of first
instance in a People's Court shall be heard in public.
However, cases involving State secrets or private affairs of
individuals shall not be heard in public."
69. Article 112 is changed to be Article 153, and the first
paragraph thereof is revised as follows: "When a case of
public prosecution is being tried in a People's Court, the
People's Procuratorate shall send its procurators to the
court to support the public prosecution. However, when a
case is to be tried through summary procedure, the People's
Procuratorate may send no procurators to the court, as
provided by the provisions of Article 175 of this Law."
The second paragraph is deleted.
70. Article 114 is changed to be Article 155 and revised as
follows: "After the public prosecutor has read out the bill
of prosecution in court, the defendant and the victim may
present statements regarding the crime accused in the bill
of prosecution, and the public prosecutor may interrogate
the defendant.
"The victim, the plaintiff and defender in an incidental
civil action and the agents ad litem may, with the
permission of the presiding judge, put questions to the
defendant.
"The judges may interrogate the defendant."
71. Article 115 is changed to be Article 156 and revised as
follows: "Before a witness gives testimony, the judges shall
instruct him to give testimony truthfully and explain to him
the legal responsibility that shall be incurred for
intentionally giving false testimony or concealing criminal
evidence. The public prosecutor, the parties, the defenders
and agents ad litem, with the permission of the presiding
judge, may question the witnesses and expert witnesses. If
the presiding judge considers any questioning irrelevant to
the case, he shall put a stop to it.
"The judges may question the witnesses and expert
witnesses."
72. Article 116 is changed to be Article 157 and revised as
follows: "The public prosecutor and the defenders shall show
the material evidence to the court for the parties to
identify; the records of testimony of witnesses who are not
present in court, the conclusions of expert witnesses who
are not present in court, the records of inquests and other
documents serving as evidence shall be read out in court.
The judges shall heed the opinions of the public prosecutor,
the parties, the defenders and the agents ad litem."
73. After Article 116, one article is added as Article 158:
"During a court hearing, if the collegial panel has doubts
about the evidence, it may announce an adjournment, in order
to carry out investigation to verify the evidence."
When carrying out investigation to verify evidence, the
People's Court may conduct inquest, examination, seizure,
expert evaluation, as well as inquiry and freeze."
74. Article 118 is changed to be Article 160 and revised as
follows: "With the permission of the presiding judge, the
public prosecutor, the parties, the defenders and the agents
ad litem may state their views on the evidence and the case,
and they may debate with each other. After the presiding
judge has declared conclusion of the debate, the defendant
shall have the right to present a final statement."
75. Article 119 is changed to be Article 161 and revised as
follows: "If any participant in the proceedings of a trial
or by-stander violates the order of the courtroom, the
presiding judge shall warn him to desist. If any person
fails to obey, he may forcibly be taken out of the
courtroom. If the violation is serious, the person shall be
fined not more than 1,000 yuan or detained not more than 15
days. The fine or detention shall be subject to approval of
the president of the court. If the person under punishment
is not satisfied with the decision on the fine or detention,
he may apply to the People's Court at the next higher level
for reconsideration. However, the execution of the fine or
detention shall not be suspended during the period of
reconsideration.
"Whoever assembles a crowd to make an uproar or charges into
the courtroom, or humiliates, slanders, intimidates or beats
up judicial officers or participants in the proceedings,
thereby seriously disturbing the order of the courtroom,
which constitutes a crime, shall be investigated for
criminal responsibility according to law."
76. Article 120 is changed to be Article 162 and revised as
follows: "After a defendant makes his final statement, the
presiding judge shall announce an adjournment and the
collegial panel shall conduct its deliberations and, on the
basis of the established facts and evidence and in
accordance with the provisions of relevant laws, render one
of the following judgments:
"(1) If the facts of a case are clear, the evidence is
reliable and sufficient, and the defendant is found guilty
in accordance with law, he shall be pronounced guilty
accordingly;
"(2) If the defendant is found innocent in accordance with
law, he shall be pronounced innocent accordingly;
"(3) If the evidence is insufficient and thus the defendant
cannot be found guilty, he shall be pronounced innocent
accordingly on account of the fact that the evidence is
insufficient and the accusation unfounded."
77. Article 123 is changed to be Article 165, and the
sub-paragraph (3) thereof is deleted. The original
sub-paragraph (4) is changed to be sub- paragraph (3).
78. After Article 123, one article is added as Article 166:
"If the hearings of a case is postponed in accordance with
the provisions of sub-paragraph (2) in Article 165 of this
Law, the People's Procuratorate shall complete the
supplementary investigation within one month."
79. Article 125 is changed to be Article 168 and revised as
follows: "A People's Court shall pronounce judgment on a
case of public prosecution within one month or, one and a
half months at the latest, after accepting it. Under one of
the situations provided in Article 126 of this Law, the
period may be extended by one more month upon approval or
decision by the Higher People's Court of a province,
autonomous region or municipality directly under the Central
Government.
"If jurisdiction of a People's Court over a case is altered,
the time limit for handling the case shall be calculated
from the date on which another People's Court receives the
case after the alteration."
"As to a case for which a People's Procuratorate has to
conduct supplementary investigation, the People's Court
shall start to calculate anew the time lime for handling the
case after the supplementary investigation has been
completed and the case has been transferred to it."
80. After Article 125, one article is added as Article 169:
"If a People's Procuratorate discovers that in handling a
case a People's Court has violated the litigation procedure
prescribed by law, it shall have the power to suggest to the
People's Court that it should set it right."
81. Before Article 126, one article is added as Article 170:
"Cases of private prosecution include the following:
"(1) cases to be handled only upon complaint;
"(2) cases for which the victims have evidence to prove that
those are minor criminal cases; and
"(3) cases for which the victims have evidence to prove that
the defendants should be investigated for criminal
responsibility according to law because their acts have
infringed upon the victims' personal or property rights,
whereas, the public security organs or the People's
Procuratorates do not investigate the criminal
responsibility of the accused."
82. Article 126 is changed to be Article 171, and revised as
follows: "After examining a case of private prosecution, the
People's Court shall handle it in one of the following
manners in light of the different situations:
"(1) If the facts of the crime are clear and the evidence is
sufficient, the case shall be tried at a court session; or
"(2) In a case of private prosecution for which criminal
evidence is lacking, if the private prosecutor cannot
present supplementary evidence, the court shall persuade him
to withdraw his prosecution or order its rejection.
"If a private prosecutor, having been served twice with a
summons according to law, refuses to appear in court without
justifiable reasons, or if he withdraws from a court session
without permission of the court, the case may be considered
withdrawn by him.
"If during the trial of a case the judges have doubts about
the evidence and consider it necessary to conduct
investigation to verify the evidence, the provisions of
Article 158 of this Law shall apply."
83. Article 127 is changed to be Article 172, and revised as
follows: "A People's Court may conduct mediation in a case
of private prosecution; the private prosecutor may arrange a
settlement with the defendant or withdraw his prosecution
before a judgment is pronounced. Mediation shall not be
conducted for cases stipulated in sub-paragraph (3) of
Article 170 of this Law."
84. After Section II, Chapter I of Part Three, one section
is added as Section 3:
"Section 3 Summary Procedure"
"Article 174 The People's Court may apply summary procedure
to the following cases, which shall be tried by a single
judge alone:
"(1) cases of public prosecution where the defendants may be
lawfully sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or
punished with fines exclusively, where the facts are clear
and the evidence is sufficient, and for which the People's
Procuratorate suggests or agrees to the application of
summary procedure;
"(2) cases to be handled only upon complaint; and
"(3) cases prosecuted by the victims, for which there is
evidence to prove that they are minor criminal cases."
"Article 175 For a case of public prosecution that is tried
through summary procedure, the People's Procuratorate may
send no procurators to the court. The defendant may present
a statement and defend himself regarding the crimes accused
in the bill of prosecution. In cases where the People's
Procuratorate sends procurators to the court, the defendant
and his defenders may, with permission of the judges, debate
with the public prosecutor."
"Article 176 In a case of private prosecution that is tried
through summary procedure, after the bill of prosecution is
read out, the defendant and his defenders may, with the
permission of the judges, debate with the private prosecutor
and his agents ad litem."
"Article 177 Trial of cases through summary procedure shall
not be subject to the provisions of Section 1 of this
Chapter governing the procedures of interrogating the
defendant, questioning the witnesses and expert witnesses,
showing the evidence, and debating in court. However, before
the judgment is pronounced, the final statement of the
defendant shall be heard."
"Article 178 For a case to be tried through summary
procedure, the People's Court shall conclude it within 20
days after accepting it."
"Article 179 If in the course of trying a case the People's
Court discovers that the summary procedure is not
appropriate for the case, it shall try it anew in accordance
with the provisions in Section 1 or Section 2 of this
Chapter."
85. Article 129 is changed to be Article 180, and the first
paragraph thereof is revised as follows: "If the defendant,
private prosecutor or their legal representatives refuse to
accept a judgment or order of first instance made by a local
People's Court at any level, they shall have the right to
appeal in writing or orally to the People's Court at the
next higher level. Defenders or near relatives of the
defendant may, with the consent of the defendant, file
appeals."
86. After Article 130, one article is added as Article 182:
"If the victim or his legal representative refuses to accept
a judgment of first instance made by a local People's Court
at any level, he shall, within five days from the date of
receiving the written judgment, have the right to request
the People's Procuratorate to present a protest. The
People's Procuratorate shall, within five days from the date
of receiving the request made by the victim or his legal
representative, decide whether to present the protest or not
and give him a reply."
87. Article 132 is changed to be Article 184, and the term
"a party" in the first and second paragraphs thereof is
revised to read: "a defendant, private prosecutor, or a
plaintiff or defendant in an incidental civil action".
88. After Article 134, one article is added as Article 187:
"A People's Court of second instance shall form a collegial
panel and open a court session to hear a case of appeal.
However, if after consulting the case file, interrogating
the defendant and heeding the opinions of the other parties,
defenders and agents ad litem, the collegial panel thinks
the criminal facts are clear, it may open no court session.
A People's Court of second instance shall open a court
session to hear a case protested by a People's
Procuratorate.
"When a People's Court of second instance opens a court
session to hear a case of appeal or protest, it may do so in
the place where the case occurred or in the place where the
People's Court which originally tried the case is located."
89. Article 135 is changed to be Article 188, and revised as
follows: "With respect to both cases protested by a People's
Procuratorate and cases of public prosecution tried by a
People's Court of second instance in a court session, the
People's Procuratorate at the same level shall send its
procurators to the court. The People's Court of second
instance must, 10 days before opening of the court session,
notify the People's Procuratorate to examine the case
files."
90. Article 138 is changed to be Article 191 and revised as
follows: "If a People's Court of second instance discovers
that when hearing a case, a People's Court of first instance
violates the litigation procedures prescribed by law in one
of the following ways, it shall rule to rescind the original
judgment and remand the case to the People's Court which
originally tried it for retrial:
"(1) violating the provisions of this Law regarding trial in
public;
"(2) violating the withdrawal system;
"(3) depriving the parties of their litigation rights
prescribed by law or restricting, such rights, which may
hamper impartiality of a trial;
"(4) unlawful formation of a judicial organization; or
"(5) other violations against the litigation procedures
prescribed by law which may hamper impartiality of a trial."
91. Article 139 is changed to be Article 192, and revised as
follows: "The People's Court which originally tried a case
shall form a new collegial panel for the case remanded to it
for retrial, in accordance with the procedure of first
instance. With respect to the judgment rendered after the
retrial, an appeal or protest may be lodged in accordance
with the provisions of Article 180, 181 or 182 of this Law."
92. After Article 140, one article is added as Article 194:
"The People's Court which originally tried a case shall
calculate the time limit anew for the trial of the case
remanded to it by the People's Court of second instance from
the date of receiving the case remanded."
93. Article 142 is changed to be Article 196, and revised as
follows: "After accepting a case of appeal or protest, a
People's Court of second instance shall conclude the trial
of the case within one month, or one and a half months at
the latest. Under one of the situations provided in Article
126 of this Law, the period may be extended by one month
upon the approval or decision by the Higher People's Court
of a province, autonomous region or municipality directly
under the Central Government. However, with respect to cases
of appeal or protest accepted by the Supreme People's Court,
the matter shall be decided by the Supreme People's Court
itself."
94. After Article 143, one article is added as Article 198:
"The public security organs, People's Procuratorates and
People's Courts shall have the property, things of value of
the criminal suspects and defendants, as well as the fruits
accruing therefrom, that they have seized or frozen well
kept for examination. No units or individuals shall
misappropriate them or dispose of them without
authorization. The lawful property of the victims shall be
returned to them without delay. Prohibited articles and
perishable things shall be disposed of in accordance with
the relevant regulations of the State.
"Things that serve as tangible evidence shall be transferred
together with the case, but for things that are unsuitable
to be transferred, their inventory and photos and other
documents of certification shall be transferred together
with the case.
"After a judgment rendered by the People's Court becomes
effective, all the seized or frozen illicit money and goods
as well as the fruits accruing therefrom, except those that
are returned to the victim according to law, shall be
confiscated and turned over to the State Treasury.
"Any judicial officers who embezzles, or misappropriates or
disposes of the seized or frozen illicit money and goods as
well as the fruits accruing therefrom without authorization
shall be investigated for criminal responsibility according
to law; if the offence does not constitute a crime, he shall
be given administrative sanction."
95. Article 148 is changed to be Article 203, and revised as
follows: "A party or his legal representative or his near
relative may present a petition to a People's Court or a
People's Procuratorate regarding a legally effective
judgment or order, however, execution of the judgment or
order shall not be suspended."
96. After Article 148, one article is added as Article 204:
"If a
petition presented by a party or his legal representative or
his near relative conforms to any of the following
conditions, the People's Court shall retry the case:
"(1) There is new evidence to prove that the confirmation of
the facts in the original judgment or order is definitely
wrong;
"(2) The evidence upon which the condemnation was made and
punishment meted out is unreliable and insufficient, or the
major pieces of evidence for supporting the facts of the
case contradict each other;
"(3) The application of law in making the original judgment
or order is definitely incorrect; or
"(4) The judges in trying the case committed acts of
embezzlement, bribery, or malpractices for personal gain, or
bended the law in making judgment."
97. Article 149 is changed to be Article 205, and the third
paragraph thereof is revised as follows: "If the Supreme
People's Procuratorate finds some definite error in a
legally effective judgment or order of a People's Court at
any level, or if a People's Procuratorate at a higher level
finds some definite error in a legally effective judgment or
order of a People's Court at a lower level, it shall have
the power to present a protest to the People's Court at the
same level against the judgment or order in accordance with
the procedure for trial supervision."
One paragraph is added as the fourth paragraph: "With
respect to a case protested by a People's Procuratorate, the
People's Court that has accepted the protest shall form a
collegial panel for retrial; if the facts, on the basis of
which the original judgment was made, are not clear or the
evidence is not sufficient, it may direct the People's Court
at the lower level to try the case again."
98. After Article 150, one article is added as Article 207:
"With respect to a case retried by a People's Court in
accordance with the procedure for trial supervision, it
shall conclude the trial within three months from the day on
which it makes the decision to bring the case up for trial
itself or on which the decision is made for it to retry the
case. If it is necessary to extend the time limit, the
period shall not exceed six months."
"The provisions of the preceding paragraph shall apply to
the time limit for the trial of a protested case that is
accepted by a People's Court and is to be tried by it in
accordance with the procedure for trial supervision. Where
it is necessary to direct a People's Court at a lower level
to try a protested case again, a decision to such an effect
shall be made within one month from the day on which the
protested case is accepted; the provisions of the preceding
paragraph shall apply to the time limit for the trial of the
case by the People's Court at the lower level."
99. Article 153 is changed to be Article 210, and the second
paragraph thereof is revised as follows: "If a criminal
sentenced to death with a two-year suspension of execution
commits no intentional offense during the period of
suspension of the sentence and his punishment should
therefore be commuted according to law on expiration of such
period, the executing organ shall submit a written
recommendation to a Higher People's Court for an order; if
there is verified evidence that the criminal has committed
intentional offense and his death sentence should therefore
be executed, the Higher People's Court shall submit the
matter to the Supreme People's Court for examination and
approval."
100. Article 154 is changed to be Article 211, and one
sub-paragraph is added to the first paragraph thereof as
sub-paragraph (2): "(2) If, before the execution of the
sentence, the criminal exposes major criminal facts or
renders other significantly meritorious service, thus the
sentence may need to be revised".
The original sub-paragraph (2) is changed to be
sub-paragraph (3).
The second paragraph is revised as follows: "If the reason
given in sub- paragraph (1) or (2) of the preceding
paragraph which caused the suspension of the sentence has
disappeared, the sentence may be executed only after a
report is submitted to the President of the Supreme People's
Court for him to sign and issue another order for execution
of the death sentence. If execution is suspended for the
reason given in sub-paragraph (3) of the preceding
paragraph, a request shall be submitted to the Supreme
People's Court for it to alter the sentence according to
law."
101. Article 155 is changed to be Article 212, and two
paragraphs are added thereto as the second paragraph and the
third paragraph:
"A death sentence shall be executed by such means as
shooting or injection.
"A death sentence may be executed on the execution ground or
in a designated place of custody."
The original second, third, fourth and fifth paragraphs are
changed to be the fourth, fifth, sixth and seventh
paragraphs accordingly.
102. Article 156 is changed to be Article 213, and revised
as follows: "When a criminal is handed over for execution of
his criminal punishment, the People's Court that caused the
sentence to be executed shall deliver the relevant legal
documents to a prison or other executing organ.
"A criminal sentenced to death with a two-year suspension of
execution, or life imprisonment, or fixed-term imprisonment
shall, according to law, be handed over by a public security
organ to a prison for execution of his criminal punishment.
As to a criminal sentenced to fixed-term imprisonment, if
the remaining term of sentence is not more than one year
before he is handed over for execution of his criminal
punishment, the sentence shall be executed by a detention
house instead. As to a criminal sentenced to criminal
detention, the sentence shall be executed by a public
security organ.
"As to a juvenile delinquent, his criminal punishment shall
be executed in a reformatory for juvenile delinquents.
"An executing organ shall take a criminal into custody
without delay and notify the family members of the criminal.
"A criminal sentenced to fixed-term imprisonment or criminal
detention, upon completion of execution of the sentence,
shall be issued a certificate of release by the executing
organ."
103. Article 157 is changed to be Article 214, and revised
as follows:"A criminal sentenced to fixed-term imprisonment
or criminal detention, under either of the following
conditions, may be permitted to temporarily serve his
sentence outside prison:
"(1) If the criminal is seriously ill and needs to be
released on parole for medical treatment; or
"(2) If the criminal is pregnant or is breast-feeding her
own baby.
"If a criminal to be released on parole for medical
treatment may endanger the community or if a criminal
injures himself or makes himself disabled, he may not be
released on parole for medical treatment.
"If a criminal is truly ill seriously and must be released
on parole for medical treatment, a supporting document
prepared by the hospital designated by a people's government
at the provincial level shall be needed, and the matter
shall be subject to examination and approval according to
the procedure prescribed by law.
"If it is found that a criminal released on parole for
medical treatment does not meet the conditions for release
on parole for medical treatment or the criminal has gravely
violated the regulations regarding such release, he shall be
taken back to prison without delay.
"As to a criminal sentenced to fixed-term imprisonment or
criminal detention who is unable to look after himself in
everyday life, if his service of sentence outside prison
would not endanger the community, he may be permitted to
serve his sentence outside prison temporarily.
"If a criminal is permitted to serve his sentence outside
prison temporarily, the sentence shall be executed by the
public security organ in the place where the criminal
resides, the executing organ shall exercise strict control
and supervision over him and the grass-roots organizations
or the unit where the criminal originally belonged shall
assist in supervision."
104. After Article 157, two articles are added as Article
215 and Article 216:
a. "Article 215 The organ that approved the temporary
service of sentence outside prison shall send a copy of its
decision on the approval to a People's Procuratorate. If the
People's Procuratorate considers the temporary service of
sentence outside prison improper, it shall within one month
from the date of receiving the notification, submit its
recommendation in writing to the organ that approved the
temporary service of sentence outside prison, which shall,
upon receiving the written recommendation of the People's
Procuratorate, reexamine its decision without delay."
b. "Article 216 As soon as the conditions under which a
criminal is permitted to serve his sentence outside prison
temporarily cease to exist, if the criminal's term of
sentence has not expired, he shall be taken back to prison
without delay.
"If a criminal dies during the period in which he is serving
his sentence outside prison temporarily, the prison shall be
informed thereof without delay."
105. Article 162 is changed to be Article 221, and the first
paragraph thereof is revised as follows: "If a criminal
commits a crime again while serving his sentence, or if a
criminal act that is discovered was not known at the time of
judgment, he shall be transferred by the executing organ to
a People's Procuratorate for handling."
106. After Article 162, one article is added as Article 222:
"If a People's Procuratorate considers that the order on
commutation of
sentence or on parole made by a People's Court is improper,
it shall, within 20 days from the date of receiving a copy
of the written order, submit a written recommendation to the
People's Court for correction. The People's Court shall,
within one month from the date of receiving the
recommendation, form a new collegial panel to handle the
case and render a final order."
107. Article 163 is changed to be Article 223, and revised
as follows: "If, during execution of a criminal punishment,
the prison or any other executing organ believes that there
is an error in the judgment or the criminal lodges a
petition, it shall refer the matter to the People's
Procuratorate or the People's Court that pronounced the
original judgment for handling."
108. Article 164 is changed to be Article 224, and revised
as follows: "The People's Procuratorates shall supervise the
execution of criminal punishments by executing organs to see
if the execution conforms to law. If they discover any
illegalities, they shall notify the executing organs to
correct them."
109. After Part Four, supplementary provisions are added:
"Supplementary Provisions"
Article 225 The security departments of the Army shall
exercise the power of investigation with respect to criminal
offences that have occurred in the Army.
"Crimes committed by criminals in prison shall be
investigated by the prison."
"The handling of criminal cases by the security departments
of the Army and by prisons shall be governed by the relevant
provisions of this Law."
110. This Decision shall be implemented as of January 1,
1997. The Regulations of the People's Republic of China on
Arrest and Detention, The Decision of the Standing Committee
of the National People's Congress Regarding the Procedure
for Prompt Adjudication of Cases Involving Criminals Who
Seriously Endanger Public Security, and the Supplementary
Provisions of the Standing Committee of the National
People's Congress Concerning the Time Limits for Handling
Criminal Cases shall be annulled at the same time.
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