Comments On The Draft Amendment To The Criminal Procedure Law

The 30 session of the Chinese people's Congress (www.npc.gov.cn) published the draft amendment to the criminal procedure law of the People's Republic of China (Draft), and openly solicited opinions to the public. The deadline for soliciting opinions was September 30, 2011.

China's current criminal procedure law was formulated in 1979 and amended once in 1996. The draft of the amendment to the Criminal Procedural Law was first examined at the twenty-second session of the Standing Committee of the eleven National People's Congress, which concluded on the 26 day. There are 99 articles in this draft amendment. It is proposed to increase the criminal procedure law from 225 to 285. The revised version is quite large, and the revised provisions are quite numerous. It mainly involves seven aspects: improving the evidence system, coercive measures, defense system, investigation measures, judicial procedures, enforcement provisions, special procedures, etc. Among them, containment of extorting confessions by torture, eliminating illegal evidence, solving the difficulties of witnesses appearing in court, refining arrest conditions, protecting lawyers' professional rights, and saving minors of crime are widely concerned by the society.

Members of the Standing Committee of the National People's Congress are working on this. Amendments to the law When the bill was deliberated, it affirmed the guiding ideology and principles of amending the law, and put forward suggestions for further improvement.

The draft has been published for nearly half a day on the website. It is understood that in addition to logging on to the website, people from all walks of life can send their views to the Legislative Work Committee of the Standing Committee of the National People's Congress (1, Qianmen West Street, Xicheng District, Beijing, zip code: 100805).

Amendment to the criminal procedure law of the People's Republic of China (Draft)

1. Delete the fourteenth paragraph and the second paragraph.

Two, the twentieth clause shall be amended as: "the intermediate people's court shall have jurisdiction over the following first instance criminal cases:

"(1) cases endangering national security;

"(two) ordinary criminal cases which may be sentenced to life imprisonment and death penalty;

"(three) criminal cases involving foreigners."

Three, amend the thirty-third clause as follows: "after the first interrogation of a criminal suspect, the suspect is taken. Coercive measures From now on, it has the right to entrust defenders. During investigation, lawyers can only be appointed as defenders. When investigating a criminal suspect or taking a coercive measure against a criminal suspect, the investigating organ shall inform the suspect that he has the right to entrust a defender. The people's Procuratorate shall inform the suspect that he has the right to entrust defender within three days from the date of receiving the case material transferred to the prosecution.

"The accused has the right to entrust defender at any time. The people's court shall, within three days from the date of accepting the case of private prosecution, inform the defendant that he has the right to entrust a defender.

After accepting the entrustment of the suspects and defendants, the defender shall promptly notify the judicial organ handling the case.

Four, amend the thirty-fourth clause as follows: "if the suspect or defendant has not entrusted a defender for reasons such as financial difficulties, he or his near relatives may apply to the legal aid institution. For those eligible for legal aid, legal aid agencies should appoint lawyers to defend them.

"The suspects and defendants are blind, deaf and dumb, but have not entrusted the defenders. The people's courts, the people's procuratorates and the public security organs should notify the legal aid agencies to appoint lawyers to provide them with defense.

If the suspect or defendant may be sentenced to life imprisonment or death penalty without entrusting a defender, the people's court, the people's Procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to provide him with defense.

Five, the thirty-fifth is amended as: "the duty of the defender is based on facts and laws." Criminal suspect The defendant shall not be guilty, the crime shall be lightened or lightened, and the material and opinions of his criminal liability shall be relieved, and the litigation rights and other lawful rights and interests of the criminal suspects and defendants shall be maintained. "

Six, add one as the thirty-sixth item: "defense counsel can provide legal help for the suspect during the investigation, and the agent can appeal to the investigating organ to understand the suspect's alleged charges and the circumstances of the case."

Seven, change the thirty-sixth to two, as thirty-seventh and thirty-eighth, as follows:

"Thirty-seventh defense lawyers can meet and communicate with the suspects and defendants in custody. Other defenders, who are permitted by the people's court or the people's Procuratorate, may also meet and communicate with the suspects and defendants in custody.

"A defence lawyer who requests a lawyer's practice certificate, a law firm's certificate and a letter of attorney or a letter of legal aid to request a meeting with a criminal suspect or defendant in custody shall promptly arrange an interview and shall not exceed forty-eight hours at the latest.

"The defense lawyer meets with the suspects and defendants in custody. He can understand the relevant cases and provide legal advice. He can verify the evidence from the suspects and defendants from the date of the transfer of the case. Defense lawyers are not monitored when they meet with suspects or defendants.

"Joint crimes involving crimes of endangering national security, criminal activities of terrorism and major bribery crimes shall be permitted by the investigating authorities during the period of investigation. For the above cases, the investigation organ should notify the detention house beforehand.

"The defense lawyer and the suspects and defendants who are under surveillance shall meet and communicate with each other, and the provisions of the first, third and fourth paragraphs of this article shall apply.

"Thirty-eighth defense attorneys may, from the date of the people's Procuratorate's examination and prosecution of cases, consult, extract and duplicate the material facts of the crime alleged in the case. Other defenders, who are permitted by the people's court and the people's Procuratorate, may also consult, extract and copy the above materials. "

Eight, add one as the thirty-ninth clause: "the defender believes that during the period of investigation and prosecution, the evidence collected by the public security organ or the people's Procuratorate to prove that the suspect or defendant is innocent or not guilty can be submitted to the people's Procuratorate or the people's court for the relevant evidence."

Nine, add one as the fortieth item: "the evidence collected by the defender on the criminal suspect who is not at the scene of the crime, who has not reached the age of criminal responsibility and belongs to the mentally ill person who is not responsible for criminal responsibility shall be promptly informed to the public security organ and the people's Procuratorate."

Ten, change the thirty-eighth clause to forty-second, and the first paragraph is amended as: "the defender or any other person shall not help the criminal suspect or defendant hide, destroy, forge evidence or confer confession, and shall not threaten or induce the witness to commit perjury and conduct other acts of interfering with the litigation activities of the law department."

Eleven, add one as the forty-sixth clause: "lawyers shall have the right to confidentiality about the trustor's information and information that is known in practice. However, when a lawyer knows a client or other person in a practicing activity, preparing or is carrying out a crime that endangers national security, public safety and seriously endangers the personal safety of others, he shall promptly notify the judicial organ. "

Twelve, change the forty-second clause to forty-seventh, which is amended to read: "evidence that can be used to prove the facts of a case is evidence.

"The evidence includes:

"(1) material evidence and documentary evidence;

"(two) testimony of witnesses;

"(three) the victim's statement;

"(four) confession and explanation by the criminal suspect or defendant;

"(five) expert opinion;

"(six) transcripts of inspection, inspection, identification and investigation;

"(seven) audio-visual materials and electronic data.

"Evidence must be verified to be the basis for finalizing the case."

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Thirteen, add one as the forty-eighth item: "the burden of proof of a defendant in a public prosecution case shall be borne by the public prosecution organ, and the burden of proof of the defendant in a private prosecution case shall be borne by the private prosecutor. However, unless otherwise provided by law. "

Fourteen, the forty-third article is changed to forty-ninth, which is amended as: "judicial personnel, procurators and investigators must collect all kinds of evidences which can confirm the guilt or innocence of a criminal suspect or defendant and the seriousness of the crime according to legal procedures. Extorting confessions by torture and collecting evidence by other illegal means shall not be strictly prohibited, and no one shall be compelled to prove his guilt. It is essential to ensure that all citizens concerned with the case or who know the case are provided with objective and sufficient conditions to provide evidence, in addition to special circumstances, and they can be helped to assist in the investigation. "

Fifteen, change the forty-fifth clause to fifty-first and add one paragraph as the second paragraph: "evidence materials collected by administrative organs in the process of administrative law enforcement, such as material evidence and documentary evidence, can be used as evidence when verified by judicial organs."

Sixteen, change the forty-sixth clause to fifty-second, and change it to: "all cases should be sentenced to heavy evidence, investigation and research, and no credulity. Only when the defendant confessed that there was no other evidence, the defendant could not be convicted and punished. If the defendant did not confess, the evidence was true and sufficient, the defendant could be convicted and punished.

"If the evidence is true and sufficient, the following conditions shall be met:

"(1) the facts of conviction and sentencing are evidential.

"(two) the evidence that has been finalized is verified by legal procedures.

"(three) by combining the evidence of the whole case, we have ruled out reasonable doubt about the facts identified."

Seventeen, add one as the fifty-third item: "the testimony and testimony of victims collected by illegal methods such as confession by torture and other illegal methods, such as confession by violence, threats and other illegal methods, should be excluded. In violation of the law, collecting material evidence and documentary evidence and seriously affecting judicial fairness, the evidence should be excluded.

"If any evidence that should be excluded during investigation, examination, prosecution and trial is found, it shall be ruled out in accordance with the law and shall not serve as the basis for prosecution, prosecution decisions and judgments."

Eighteen, add one as the fifty-fourth item: "the people's Procuratorate received investigation, accusation, report or found that investigators collect evidence by illegal means. They should be investigated and verified. For those who do collect evidence in an illegal way, they should make corrections and, if necessary, suggest that the investigation authorities should replace the investigators. Whoever collects evidence by illegal means and constitutes a crime shall be investigated for criminal responsibility according to law. "

Nineteen, add one as the fifty-fifth item: "during the trial process, the judicial personnel believe that there may be a case where illegal evidence is collected in the fifty-third provision of this law, and the legality of evidence collection shall be investigated in court.

"The parties, their defenders, and the agents ad litem shall have the right to apply to the people's court to exclude the evidence collected by illegal means in accordance with the law. If an application is to exclude the evidence collected illegally, it shall provide relevant clues or evidence.

Twenty, add one as the fifty-sixth item: "in the process of conducting a court investigation on the legality of evidence collection, the people's Procuratorate shall prove the legality of evidence collection.

"The people's court may notify the relevant investigators or other personnel to appear in court to explain the situation. Upon notification by law, investigators or other personnel should appear in court. The investigators or other personnel may ask to appear in court to explain the situation.

Twenty-one, add one as the fifty-seventh item: "for a court trial, it is recognized that it is illegal to collect evidence, or there are significant doubtful points. It is impossible to exclude the possibility of collecting evidence by illegal means. The relevant evidence should be dealt with in accordance with the fifty-third provision of this law."

Twenty-two, change the forty-seventh clause to fifty-eighth, and amend it as: "witness testimony must be cross examined by the public prosecutor, the victim and the defendant and the defender in court before it can be verified as a basis for finalizing the case. When a court finds that a witness intentionally intends to perjury or conceals evidence, he shall deal with it in accordance with the law. "

Twenty-three, add one as the sixty-first item: "for cases involving crimes of national security, terrorist activities, crimes committed by gangs, drug crimes, etc., witnesses and victims are in danger of testifying in a lawsuit and personal safety of themselves or their close relatives. The people's court, the people's Procuratorate and the public security organ shall take the following one or more protective measures:

"(1) do not disclose personal information such as real name, address and work unit;

"(two) taking measures to testify in court without exposing the appearance and real voice;

"(three) to prohibit specific personnel from contacting witnesses, victims and their close relatives;

"(four) special protective measures should be taken for personal and housing.

"(five) other necessary protective measures.

If the witness or the victim feel that the personal safety of himself or his close relative is in danger in the process of testifying in a lawsuit, he may apply to the judicial organ for protection.

Twenty-four, add one as the sixty-second clause: "witnesses shall be subsidized for the expenses of transportation, accommodation, meals, and loss of work due to the obligation to perform their testimony. Subsidies for witnesses shall be included in the business expenses of judicial organs, and shall be guaranteed by the government at the same level.

"If a witness of a working unit testifies, the unit shall not deduct or change his wages, bonus and other welfare benefits."

Twenty-five, the fifty-first article shall be changed to sixty-fourth, and shall be amended as: "the people's court, the people's Procuratorate and the public security organ may be released on bail pending for one of the following cases:

"(1) it may be sentenced to control, detention or independent application of supplementary punishment.

"(two) it may be sentenced to more than a fixed-term imprisonment, and the bail pending trial will not lead to social risk.

"(three) when the detention period expires, the case has not yet been completed, and the bail pending measures need to be taken.

"The bail pending trial shall be carried out by the public security organs."

Twenty-six, change the fifty-second clause to sixty-fifth, which is amended as follows: "the detained suspects, defendants, their legal representatives, close relatives and defenders have the right to apply for alteration of compulsory measures. After receiving the application, the people's court, the people's Procuratorate and the public security organ shall make a decision within three days. If they do not agree to change the compulsory measures, they shall notify the applicant and explain the reasons for disagreement.

Twenty-seven, change the fifty-fifth clause to sixty-eighth, and amend it as: "the guarantor shall perform the following obligations:

"(1) supervising the guarantor to comply with the sixty-ninth provision of this law;

"(two) if a guarantor may have committed or has violated the provisions of the sixty-ninth provision of this law, he shall report it to the executive authorities in a timely manner.

"If a guarantor violates the provisions of the sixty-ninth provision of this law, if the guarantor fails to perform his duty of guarantee, he shall be fined for a surety, and if he constitutes a crime, he shall be investigated for criminal responsibility according to law."

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Twenty-eight, change the fifty-sixth to three, as sixty-ninth, seventieth and seventy-first, to:

"Sixty-ninth suspects and defendants who are released on bail pending trial shall observe the following provisions:

"(1) the city or county where it lives shall not be allowed to leave without the approval of the executing organ.

"(two) when the address, work unit and contact method changed, it was reported to the executive authorities twenty-four hours ago.

"(three) to arrive in time when summons;

"(four) not to interfere with witnesses in any form;

"(five) no destruction or forgery of evidence or confession shall be allowed.

"The people's courts, the people's procuratorates and the public security organs may, according to the circumstances of the cases, order the suspects and defendants who are released on bail to comply with the following one or more provisions:

"(1) not allowed to enter specific places;

"(two) not to meet or communicate with specific personnel;

"(three) not allowed to engage in specific activities;

"(four) the travel documents and driving documents should be handed over to the executive authorities for preservation.

"If a criminal suspect or defendant who has been released on bail is in breach of the provisions of the preceding two paragraphs, he or she has already received a deposit or forfeit part or all of the deposit, and, in the case of difference, he shall be ordered to make a remorse for the suspect or defendant, to pay the deposit again, to make a guarantor, or to arrest him.

"Anyone who needs to arrest for violation of the bail pending trial may detain the suspect or defendant first.

"The decision organ of the seventieth bail pending trial should take into consideration the need to ensure the normal conduct of the litigation activities, the social danger of the bail pending trial, the circumstances and nature of the case, the severity of the penalty, and the economic status of the bail pending person, so as to determine the amount of the guarantee.

After the amount of the guaranty pending guaranty is determined, the guarantor shall deposit the deposit in the specialized account of the designated bank of the executing organ.

"When the seventy-first suspects and defendants do not violate the provisions of the sixty-ninth provision of this law during the guarantor pending trial, the guarantor pending trial shall be terminated at the end of the guarantor pending trial, and the bank shall receive the deposit for refund."

Twenty-nine, add one as the seventy-second item: "the people's court, the people's Procuratorate and the public security organ can monitor the residence of suspects and defendants in accordance with the conditions of arrest in one of the following situations:

"(1) suffering from serious illness and unable to take care of oneself in life;

"(two) women who are pregnant or are nursing their babies;

"(three) it is more appropriate to take measures to monitor residence because of the special circumstances of cases or the need for handling cases.

"(four) when the detention period expires, the case has not yet been completed, and measures need to be taken to monitor the residence.

"For those who meet the conditions of bail pending trial, the suspects and defendants can not provide guarantor or pay security deposit.

"Surveillance of residence is carried out by public security organs."

Thirty, add one as the seventy-third item: "surveillance residence should be executed in the residence of the suspect and the defendant; where there is no fixed residence, it can be executed in the designated residence. For crimes suspected of endangering national security, terrorist activities and major bribery crimes, execution may be obstructing the investigation at the residence, and can be executed in the designated residence by the people's Procuratorate or the public security organ at the next higher level. However, no detention place or special place for handling a crime can be designated.

"Where a designated residence monitors residence, in addition to failing to notify or suspected of endangering national security crimes, terrorist activities, and notifying cases that may be harmful to investigation, the cause and place for monitoring residence shall be informed of the family members of the monitored residents within twenty-four hours after the execution of surveillance.

"Where the designated residence monitors residence, the suspects and defendants who are monitored for residence shall entrust the defender with the provisions of the thirty-third provision of this law.

"The people's Procuratorate supervises the legality of the decision and enforcement of residential surveillance by designated residence."

Thirty-one, add one as the seventy-fourth item: "the time limit for designated residence to monitor residence should be reduced to the term of imprisonment. If a criminal is sentenced to control, he shall be sentenced to one day in prison for one day of surveillance. If he is sentenced to criminal detention or fixed-term imprisonment, he shall be sentenced to two days' imprisonment for one day.

Thirty-two, change the fifty-seventh clause to seventy-fifth, which is amended as follows: "the suspects and defendants under surveillance should abide by the following stipulations:

"(1) not to leave the premises where surveillance is conducted without the approval of the executing organ;

"(two) no interview or correspondence should be allowed without the approval of the executing organ.

"(three) to arrive in time when summons;

"(four) not to interfere with witnesses in any form;

"(five) no destruction or forgery of evidence or confession shall be allowed.

"(six) the identity documents, travel documents and driving documents shall be handed over to the executive authorities for preservation.

If a criminal suspect or defendant who is under surveillance is in violation of the provisions of the preceding paragraph, if the circumstances are serious, he may be arrested; if he or she needs to be arrested, he may first detain the suspect or defendant.

Thirty-three, add one as the seventy-sixth item: "the executing organ supervises the suspects and defendants who are under surveillance, and adopts such methods as electronic monitoring and non periodical inspection to monitor their compliance with the provisions of residential surveillance. During the investigation period, the communication of suspects who are being monitored can be monitored."

Thirty-four, add one as the seventy-seventh item: "the decision of the public security organ for the surveillance of residence and bail pending trial shall be implemented immediately. The law enforcement personnel shall not strictly enforce the decision to supervise the residence and bail pending trial, and shall be held responsible for the case in case of delay.

Thirty-five, the sixtieth article is changed to eightieth, which is amended as: "the suspects and defendants who may be sentenced to more than one sentence with evidence to prove that there is a criminal fact may be sentenced to bail pending trial and residential surveillance, which is not enough to prevent the following social risks.

"(1) the possibility of new crimes;

"(two) there is a real danger to national security, public security or social order.

"(three) it may destroy, forge or concealment evidence to interfere with witnesses' testimony or confession.

"(four) retaliation against victims, informants and complainants may be carried out.

"(five) may commit suicide or escape.

"If there is evidence to prove that there is a criminal fact, it may be sentenced to more than ten years' imprisonment, or may be sentenced to more than a sentence of imprisonment. A criminal suspect or defendant who has committed intentional crime or who is unidentified should be arrested.

"The suspects and defendants who are released on bail and who live in surveillance are in violation of the provisions of bail pending trial and residential surveillance. If the circumstances are serious, they may be arrested."

Thirty-six, change the sixty-fourth to eighty-fourth, and second as follows: "after detention, the detainee shall be sent to the detention house immediately, and no more than twenty-four hours at the latest. In addition to serious crimes that can not be notified or suspected of endangering national security crimes or terrorist activities, and if the notice may be harmful to investigation, the cause of detention and the place of detention shall be notified within twenty-four hours after detention, and the family members of the detainee shall be notified.

Thirty-seven, the sixty-fifth article is changed to eighty-fifth, which is amended as: "the public security organs should interrogate the detained persons within twenty-four hours after their detention. If it is found that it is not time to detain, it must be released immediately and issued a release certificate. "

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Thirty-eight, add one as the eighty-seventh item: "the people's Procuratorate's examination and approval of arrest can interrogate suspects; one of the following situations should interrogate suspects:

"(1) it is doubtful whether it meets the requirements for arrest.

"(two) a criminal suspect requests to report to the prosecutor in person;

"(three) there may be serious violations in the investigation.

"If the people's Procuratorate approves and arrests, it may inquire witnesses and other litigation participants and listen to the opinions of the defense counsel; if the defense counsel requests, he shall listen to the opinions of the defence counsel."

Thirty-nine, change the seventy-first clause to ninety-second, and the second paragraph is revised as follows: "after arrest, the arrested person should be sent to the detention center immediately. In addition to serious crimes that cannot be notified or suspected of endangering national security crimes or terrorist activities, and if the notice may be harmful to investigation, the cause of arrest and the place of detention shall be notified within twenty-four hours after the arrest.

Forty, add one as the ninety-fourth item: "after the arrest of a criminal suspect or defendant, the people's procuratorate should still examine the necessity of detention. For those who do not need further detention, they should suggest releasing or changing compulsory measures.

Forty-one, change the seventy-fourth clause to ninety-sixth, and amend it as follows: "the case of a criminal suspect or defendant is detained can not be concluded within the time limit of investigation detention, review, prosecution, first instance and second instance provided for in this law, and the criminal suspect and defendant should be released.

Forty-two, the seventy-fifth article is changed to ninety-seventh, which is amended as: "the people's court, the people's Procuratorate or the public security organ shall release, release bail, monitor residence or alter compulsory measures according to law for the expiration of the statutory time limit for compulsory measures taken. Criminal suspects, defendants, their legal representatives, close relatives or defenders shall have the right to request the termination of compulsory measures when the statutory period for compulsory measures taken by the people's court, the people's Procuratorate or the public security organ has expired.

Forty-three, change the seventy-ninth clause to 101st, and add one paragraph as the fourth paragraph: "the last day of the period is a holiday, and the first day after the holiday is the expiry date. However, during the period of detention, the suspect, defendant or prisoner shall not be extended on holidays until the date of expiry. "

Forty-four, add one as the 113rd item: "the people's procuratorate can put forward opinions and suggestions on the investigation and evidence collection activities for major cases such as intentional homicide by public security organs in case investigation."

Forty-five, add one as the 114th clause: "the parties and the defender, the agent ad litem and the interested party hold that the judicial organ and its staff members shall infringe upon their legitimate rights and interests and have the right to appeal or accuse to the judicial organ if they infringe upon their legitimate rights and interests.

"(1) when compulsory measures are expired, they shall not be released, released or altered according to law.

"(two) the guarantor pending guarantor shall be returned without refund according to law.

"(three) illegal investigation measures such as search, seizure, seizure and freezing are illegal.

"(four) the seizure, seizure and freezing shall be lifted without lifting the law.

"(five) obstructing defenders and lawsuits to perform their duties according to law.

"The authorities accepting complaints or accusations shall handle them in a timely manner. Those who refuse to accept the treatment may appeal to the people's Procuratorate at the same level or at the next higher level. The people's Procuratorate shall examine the complaint in a timely manner, and investigate and verify the relevant circumstances if necessary; if the situation is true, it shall be corrected according to law. "

Forty-six, change the ninety-first to 115th and add one as the second paragraph: "after the suspect is sent to the detention house for custody, investigators should interrogate him in the detention house."

Forty-seven, change the ninety-second clause to 116th, and the second paragraph is amended as follows: "the summons and arrests shall not last longer than twelve hours; the case is serious and complex, and the detention and arrest measures need to be taken. The summons and arrests shall not last longer than twenty-four hours.

"No criminal suspects should be detained in a form of continuous summons or warrants. Summons and warrant criminal suspects shall ensure the necessary dietary and rest time for the suspect. "

Forty-eight, change the ninety-third clause to 117th and add one paragraph as the second paragraph: "when investigating suspects, investigators should inform the suspects that they have truthfully confessed the legal provisions that their crimes can be lenient."

Forty-nine, add one as the 120th item: "investigators can record or videotape the interrogation process when interrogating suspects, and record or videotape the interrogation process for those who may be sentenced to life imprisonment or death penalty.

"Recording or video recording should be carried out throughout the whole process, maintaining integrity."

Fifty, delete ninety-sixth.

Fifty-one, change the 105th to 129th, and the first paragraph is revised as follows: "in order to determine certain characteristics, injury or physiological state of the victim or criminal suspect, the person can be examined, and biological samples such as fingerprints, blood and so on can be collected."

Fifty-two, the second part second chapter sixth section name, 115th, 118th, 142nd, 158th, 198th, "seizure" modified to "seizure, seizure", "goods" to "property".

Fifty-three, the 114th article is changed to 138th, which is amended to read: "all kinds of property and documents found in investigation activities that can be used to prove the guilt or innocence of a criminal suspect shall be sealed up or seized; no property or documents irrelevant to the case may be sealed or seized.

"For seizure and seizure of property or documents, it shall be properly kept or sealed up, and shall not be used, exchanged or destroyed."

Fifty-four, change the 120th clause to 144th, and amend it as follows: "after the appraiser has made the appraisal, he should write the appraisal opinion and sign his name."

"Medical appraisal for personal injury is controversial and needs to be reappraised or medical appraisal of mental illness is carried out by a hospital designated by the provincial people's government. After the appraiser is authenticate, he shall write an appraisal opinion and sign the appraiser, and the hospital shall affix his seal.

"The hospitals designated by the provincial people's governments to engage in the appraisal work stipulated in the second paragraph shall be carried out in accordance with the provisions of the state on the administration of judicial expertise.

"If the appraiser intentionally makes false identification, he shall bear legal liability."

Fifty-five, change the "expert conclusion" in the 121st and 157th articles to "appraisal opinion".

Fifty-six, add a section in the second part of the second chapter, seventh knots, as the eighth quarter:

"Eighth technical investigation"

"147th public security organs, after filing a case, may adopt technical investigation measures for crimes endangering national security, terrorist activities, triad like organized crimes, major drug-related crimes or other serious crimes against society.

"After the people's Procuratorate has filed a case, a major criminal case involving serious corruption, bribery, and serious violation of the citizen's personal rights, which is carried out by the authority, will be subject to technical investigation measures through strict approval procedures according to the need for investigation.

"After the arrest of a criminal suspect or defendant who is wanted or approved or decided to arrest, he may, after approval, take necessary technical investigation measures for arrest.

"Technical investigation measures shall be carried out by public security organs.

"The 148th approval decision shall be based on the need for investigation of crime, and the categories and applicable objects of the technical investigation measures shall be determined. The approval decision shall be effective within three months from the date of issue. For those who do not need to continue to take technical investigation measures, they should be lifted in time. For complex and difficult cases, technical investigation measures are still necessary for the expiration of the time limit. After approval, the validity period can be extended, and no more than three months each time.

"149th measures for technical investigation must be carried out in strict accordance with the types, objects and duration of the approved measures.

"Investigators shall keep confidential the state secrets, business secrets and personal privacy that are known in the process of adopting the technical investigation measures; and the information and fact materials that are not relevant to the cases obtained by adopting the technical investigation measures shall be destroyed in time.

"Materials obtained through technical investigation measures can only be used for investigation, prosecution and trial of crimes, and shall not be used for other purposes.

"The public security organs shall adopt technical investigation measures according to law, and the relevant units and individuals shall cooperate with each other and confidentiality.

"150th, in order to find out the circumstances of a case, if necessary, when the person in charge of the public security organ above the county level decides, a secret investigation can be carried out by a specific person.

"Conducting secret investigation shall not induce others to commit a crime, nor adopt methods that may jeopardize public safety or cause major personal danger.

"For criminal activities involving illicit drugs or property such as drugs, the public security organs may, according to the provisions, implement controlled delivery according to the need for investigation of crimes.

"151st materials collected in accordance with the provisions of this section shall be used as evidence in criminal proceedings.

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"For evidence collected through secret investigation, if the evidence is used to endanger the personal safety of a particular person, or may cause other serious consequences, we should take protective measures such as not exposing the real identity of a specific person, and if necessary, the evidence can be verified by the judge outside the court."

Fifty-seven, change the 128th clause to 157th, and the first paragraph is revised as follows: "during the investigation period, if a criminal suspect has other serious crimes, the time limit for investigation detention shall be recalculated according to the provisions of the 153rd provision of this law after the approval of the upper level investigation organ."

Fifty-eight, add one as the 158th item: "the investigation organ can listen to the opinions of the defense counsel before the end of the investigation, and state it in the file. If a defence lawyer puts forward his written opinions, he shall attach a volume. "

Fifty-nine, the 133rd article is changed to 163rd, which is amended as: "the people's Procuratorate shall be interrogated within twenty-four hours after the detention of a person directly detained. If it is found that it is not time to detain, it must be released immediately and issued a release certificate. "

Sixty, the 134th article is changed to 164th, which is amended as follows: "the people's Procuratorate shall decide within fourteen days if the person detained in the direct acceptance case considers that he needs arrest. Under special circumstances, the time limit for arrest can be extended from one day to three days. For those who do not need to be arrested, they shall be released immediately. If they need to continue investigation and comply with the bail pending trial and monitor their living conditions, they shall be released on bail or monitored to live in accordance with the law. "

Sixty-one, change the 139th clause to 169th, and amend it as follows: "the people's Procuratorate shall examine the case, interrogate the suspect, listen to the opinions of the defender, the victim and his agent ad litem, and state it in the file. If a defender, a victim or his agent ad litem puts forward his written opinions, he shall attach a volume.

Sixty-two, change the 141st clause to 171st, and amend it as follows: "the people's Procuratorate considers that the criminal facts of the criminal suspect have been identified, the evidence is true and sufficient, and the criminal responsibility should be investigated according to law. The decision should be made, and the public prosecution shall be brought to the people's court in accordance with the provisions of the trial jurisdiction, and the files and evidence can be transferred to the people's court."

Sixty-three, the 150th article is changed to 180th, which is amended as follows: "after the people's court conducts a review of the case for public prosecution, it shall decide to hold a court trial if there is a clear accusation of criminal facts and evidence attached in the indictment."

Sixty-four, change the 151st clause to 181st, and amend it as follows: "after the people's court decides to hold a court trial, it shall determine the composition of the collegial panel, and send the copy of the indictment of the people's Procuratorate to the defendant ten days before the court hearing." If the defendant does not entrust a defender, he may inform the defendant that he may entrust a defender, or notify the legal aid institution to appoint a lawyer to provide him with a defence.

"Before a court session, a judicial officer may convene a public prosecutor, a client, a defender, and a litigant agent to understand the situation related to the trial, such as evading, appearing on the list of witnesses in the court, excluding illegal evidence, and listening to opinions.

"The people's court shall notify the people's Procuratorate of the time and place of the court hearing three days before the date of the court hearing, summoning the parties, and notify the counsel, the agent ad litem, the witness, the appraiser and the translator. For public trial cases, the cause of action, the name of the accused, the time and place of the court shall be announced three days prior to the opening of the court.

"The above activities shall be recorded in written records, signed by judicial officers and clerks."

Sixty-five, change the 152nd clause to 182nd, and delete the second paragraph.

Sixty-six, change the 153rd clause to 183rd and be amended as: "the people's court shall send a member to the court to support the public prosecution in the trial of public prosecution cases."

Sixty-seven, add one as the 186th clause: "witness testimony has great influence on the conviction and sentencing of a case, and the public prosecutor, the litigant, the defender or the agent ad litem dissenting, or if the people's court considers it necessary for the witness to testify in court, the witness should appear in court to testify.

"The people's police shall apply to the witnesses as witnesses before they perform their duties, and apply the provisions of the preceding paragraph.

"If the public prosecutor, the litigant or the defender or the agent ad litem dissenting the appraisal opinion, or if the people's court considers it necessary for the appraiser to appear in court, the appraiser shall appear in court to testify. If the appraiser refuses to testify before the court, the expert opinion shall not be the basis for deciding the case. "

Sixty-eight, add one as the 187th item: "the people's court shall notify the witness in accordance with the law, and the witness shall appear in court to testify." If the witness fails to testify in court in accordance with the notice of the people's court without proper reasons, the people's court may force him to appear in court, except for the spouses, parents and children of the accused.

"The witness has no justification for evading testifying after appearing in court or appearing in court. If the circumstances are serious, the detainee shall be detained for ten days unless approved by the president. If the punished person disagrees with the detention decision, he may apply to the people's court at the next higher level for reconsideration. The period of reconsideration shall not be suspended.

"The application of the first two paragraphs shall apply to the appraiser in court."

Sixty-nine, change the 159th clause to 191st and add one paragraph as the second paragraph: "the prosecutor, the litigant, the defender and the agent ad litem may apply to the court to notify the person with special knowledge to appear as a witness, and to make comments on the appraisal opinion made by the appraiser."

Seventy, change the 160th clause to 192nd, and amend it as follows: "with the permission of the presiding judge, the prosecutor, the litigants, the defenders and the agents ad litem can express their opinions on the evidence, the circumstances of the case and the conviction and sentencing, and can also debate each other. After the end of the debate, the defendant has the right to make a final statement.

Seventy-one, change the 162nd clause to 194th and add one paragraph as the second paragraph: "the people's court shall make decisions on the disposal, seizure and freezing of property and its fruits in the judgment."

Seventy-two, add one as the 199th clause: "in the trial process, if one of the following situations fails to continue the hearing for a longer period of time, the hearing may be suspended."

"(1) the defendant or the private prosecutor is unable to appear in court because of serious illness.

"(two) the defendant escapes;

"(three) due to irresistible reasons.

"After the reason for discontinuation of the hearing is disappearing, the hearing shall be resumed. The period of adjourning shall not be included in the trial period. "

Seventy-three, change the 168th clause to 201st. The first paragraph is amended as: "the people's court shall hear a public prosecution case within one month after acceptance, and shall not exceed one and a half months at the latest. One of the 155th provisions of this Law shall be extended for another two months upon approval or decision by the higher people's Court of the province, autonomous region or municipality directly under the central government. In case of special circumstances, it is necessary for the Supreme People's court to approve or decide to extend the time limit for trial.

Seventy-four, the 174th article should be changed to 207th, which is amended to read: "for the cases under the jurisdiction of the people's courts at the same time, the people's court may apply the summary procedure to trial:

"(1) the facts of the case are clear and the evidence is sufficient.

"(two) the defendant acknowledges his guilt and has no objection to the facts of the crime alleged in the indictment.

"(three) the defendant has no objection to the application of summary procedure.

"When the people's Procuratorate is prosecuting public prosecution, it may suggest that the people's court apply the summary procedure."

Seventy-five, add one as the 208th item: "one of the following situations is not applicable to summary procedure:

"(1) the defendant is blind, deaf and dumb.

"(two) having significant social impact;

"(three) some defendants in a joint crime do not confess their crimes or have objections to the summary procedure.

"(four) other unsuitable procedures for summary proceedings."

Seventy-six, change the 175th clause to 209th, and amend it as follows: "if a case is tried by a summary procedure, a person may be sentenced to trial alone for a sentence that may be sentenced to three years in prison. If a person may be sentenced to fixed-term imprisonment of more than three years, a collegial panel shall be formed for trial.

The people's Procuratorate shall send members to the court to apply for summary procedures to hear public prosecution cases.

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Seventy-seven, add one as the 210th item: "applying summary procedure to hear a case, after reading the indictment, the judge should inquire the defendant's opinion on the facts of the crime alleged in the indictment, inform the defendant of the legal provisions of the summary procedure, and confirm whether the defendant agrees to apply the summary procedure."

Seventy-eight, change the 176th clause to 211st, which is amended as follows: "applying simple procedure to hear a case, the defendant can make a statement and defend the crime alleged in the indictment. The defendant and his defender can be debated with the public prosecutor, the private prosecutor and his agent ad litem, with the permission of the judge. "

Seventy-nine, the 177th article is changed to 212nd, which is amended to read: "the application of summary procedure to hear a case is not subject to the provisions of the first section of this chapter concerning the time limit for service, the interrogation of the accused, the questioning witness, the appraiser, the evidence produced, and the court debate procedure. However, before the judgment is pronounced, the defendant shall hear the final statement of the defendant. "

Eighty, change the 178th clause to 213rd, and amend it as follows: "if a case is tried by a summary procedure, the people's court shall conclude the case within twenty days after accepting it, and if it can be sentenced to more than three years of fixed-term imprisonment, it may be extended to one month."

Eighty-one, change the 187th clause to 222nd, and the first paragraph is revised as follows: "the people's Court of second instance shall form a collegial panel for the following cases:

"(1) the defendant, the private prosecutor and his legal representative raise objections to the facts and evidence identified in the first instance judgment, and the people's Court of second instance considers that it may affect the appellate case of conviction and sentencing.

"(two) an appeal case of a defendant sentenced to death.

"(three) cases of protest by the people's Procuratorate;

"(four) other cases considered by the people's Court of second instance that should be tried in court.

If the people's Court of second instance decides not to hear a trial, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents.

Eighty-two, change the 188th clause to 223rd and be amended as: "the people's Procuratorate filed a protest case or the public prosecution case of the second instance people's court hearing, and the people's Procuratorate at the same level should send a member to appear in court. The people's Court of second instance shall notify the people's Procuratorate in advance of the decision to hear a case file. The people's Procuratorate shall have completed the inspection within twenty days. The time limit for people's Procuratorate to file files is not included in the time limit for trial. "

Eighty-three, change the 189th clause to 224th, and add one paragraph as the second paragraph: "the people's Court of first instance has made a judgment on a case that is returned to a new trial according to the third provisions of the preceding paragraph. If the defendant appeals or the people's Procuratorate lodged a protest, the people's Court of second instance, after hearing the case, still considers the facts unclear or the evidence insufficient, and shall make a judgment according to law."

Eighty-four, change the 196th clause to 231st, and amend it as follows: "the people's Court of second instance shall accept the appeal and protest case within one month, and shall not exceed one and a half months later. The people's Court of second instance shall not exceed two months to hear appeals or protest cases in court. One of the 155th provisions of this Law shall be extended or approved by the higher people's Court of a province, autonomous region or municipality directly under the central government for another two months, but the case of appeal or protest accepted by the Supreme People's court shall be decided by the Supreme People's court. In case of special circumstances, it is necessary for the Supreme People's court to approve or decide to extend the time limit for trial.

Eighty-five, add one as the 238th item: "the Supreme People's court should review the death penalty cases and make a decision to approve or not approve the death penalty." For those who do not approve the death penalty, the Supreme People's court may send a new trial or a retrial.

Eighty-six, add one as the 239th item: "the Supreme People's court should review the death penalty cases, and interrogate the defendants and listen to the opinions of the defenders.

"In the process of reviewing death penalty cases, the Supreme People's Procuratorate may submit opinions to the Supreme People's court."

Eighty-seven, change the 213rd clause to 250th articles. The first and second paragraphs are revised as follows: "when a criminal is executed for execution of a penalty, the people's court that delivers the execution shall deliver the relevant legal documents to the public security organs, prisons or other executing organs.

"For a criminal sentenced to death for a period of two years, life imprisonment and fixed-term imprisonment, the public security organ shall send the criminal to the prison for execution of the sentence according to law. For a criminal sentenced to fixed-term imprisonment, the prison term shall be executed by the detention house until the remaining term of imprisonment is less than three months before the execution of the sentence. For prisoners convicted of criminal detention, they shall be executed by public security organs. "

Eighty-eight, the 214th article shall be changed to 251st, and shall be amended as: "if a prisoner sentenced to fixed-term imprisonment or criminal detention is under any of the following circumstances, he may be temporarily executed outside prison.

"(1) a serious illness needs to be released for medical treatment.

"(two) women who are pregnant or are nursing their babies;

"(three) life can not be self-care, and it is applicable to temporary execution outside prison without endangering society.

"If a criminal sentenced to life imprisonment has second provisions in the preceding paragraph, he may temporarily be executed outside prison.

"Criminals who may be socially dangerous for medical treatment or criminals who are self injurious are not allowed to seek medical treatment outside the country.

"If a criminal is seriously ill, he must be released for medical treatment. He is diagnosed by a hospital designated by the provincial people's government and issued a supporting document.

"Before the execution of the execution, temporary execution outside the prison shall be decided by the people's court that is delivered to the execution. After the execution of the execution, the prison shall be temporarily executed outside prison. The written opinions shall be put forward by the prison or the detention house for approval by the public security organs above the provincial level or above."

Eighty-nine, add one as the 252nd item: "the prison and detention house should submit copies of written comments to the people's Procuratorate. The people's Procuratorate may make written comments to the decision or approval organ. "

Ninety, the 216th article is changed to 254th, which is amended to read: "for criminals who are temporarily executed outside prison, one of the following situations should be collected in time:

"(1) the findings do not conform to the conditions for temporary execution outside prison.

"(two) serious violation of the provisions on supervision and administration of temporary supervision outside prison;

"(three) when the situation of temporary execution outside the prison is disappearing, the prisoner's term of imprisonment is not yet full.

"If the people's court decides to suspend the execution of criminals temporarily outside prison, they shall be put in prison, and the people's court shall make a decision to serve the relevant legal documents to the public security organs, prisons or other executing organs.

"Criminals who do not meet the conditions for temporary execution outside prison shall be temporarily executed outside prison by means of bribery and other illegal means. They shall not be included in the execution period during the period of execution outside prison. If a criminal escapes during the temporary execution, he shall not include in the period of execution.

"If a criminal dies during the temporary execution of a prison sentence, he shall notify the prison or detention house in time."

Ninety-one, the 217th article is changed to 255th, which is revised to read: "for those sentenced to control, probation, parole or temporary execution outside prison, community corrections shall be carried out according to law, and the community correction institutions shall be responsible for the execution."

Ninety-two, the 218th article is changed to 256th, which is amended to read: "criminals who have been sentenced to deprivation of their political rights shall be executed by the public security organs. At the expiration of the execution period, the executive organ shall notify himself and publicly announce the resumption of political rights to the people concerned. "

Ninety-three, change the 221st clause to 259th, and the second paragraph shall be amended as: "criminals convicted of control, detention, fixed-term imprisonment or life imprisonment are indeed repentant or meritorious, and should be given commutation and parole in accordance with the law. The execution organ shall submit a proposal to the people's court for examination and approval, and copy the copy of the proposal to the people's Procuratorate." The people's Procuratorate may submit written opinions to the people's court. "

Ninety-four, add a series as the fifth part: "special procedures".

Ninety-five, add a chapter as the first chapter of the fifth part:

"Chapter 1 proceedings for juvenile delinquency cases

"263rd, the principle of education, reform and redemption should be implemented for minors who commit crimes.

"People's courts, people's procuratorates and public security organs handle juvenile delinquency cases. They should protect juveniles from exercising their litigation rights, protect minors from legal help, and be familiar with the judges, procurators and investigators who are familiar with the physical and mental characteristics of minors.

"If the 264th juvenile suspects and defendants fail to entrust defenders, the people's courts, the people's procuratorates and the public security organs shall notify the legal aid agencies to appoint lawyers to provide them with defense.

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"265th, for juvenile delinquency suspects and defendants, the arrest measures shall be strictly restricted. If the people's court decides to arrest and examine and approve the arrest of the people's Procuratorate, it shall interrogate minor suspects and defendants.

"Juveniles and adults who are detained, arrested and executed shall be held separately, managed separately and educated separately.

"266th, for juvenile delinquency cases, the legal representatives of criminal suspects and defendants should be notified when they are interrogated and tried. Unable to notify, the legal representative can not be present or the legal representative is an accomplice, may also inform the suspect, the accused other adult close relatives, the village committee, the resident committee, the minors protection organization's representative in the school, the unit or the place of residence, the situation is indicated in the interrogation record. The legal representatives present at the scene may exercise the litigation rights of the suspects and defendants on behalf of them.

"The legal representative or other personnel present at the scene may think that the case infringes upon the legitimate rights and interests of the minors in interrogation and trial. A transcript of interrogation and court record shall be given to the legal representative or other person present at the scene to read or read to him.

"Female interrogating female suspects should be present.

"After a juvenile criminal case is tried, the legal representative of the juvenile defendant may make supplementary statements after the final statement.

"Inquiring about minor victims and witnesses shall apply the provisions of the first paragraph, the second paragraph and the third paragraph.

"267th, for a juvenile who is involved in a crime stipulated in the fourth chapter, fifth chapter and sixth chapter of the provisions of the criminal law, it may be sentenced to a one year prison term below the term of imprisonment, which is in line with the conditions for prosecution. However, if there is a case of repentance, the people's Procuratorate may make a decision on conditional non prosecution. Before making a decision on conditional non prosecution, the people's Procuratorate shall listen to the opinions of the public security organs and the victims.

If a juvenile criminal suspect or his legal representative has any objection to the decision of the people's Procuratorate to impose conditional non prosecution, the people's Procuratorate shall make a decision on prosecution.

"268th, during the trial period of conditional non prosecution, the people's Procuratorate shall supervise and inspect the suspects who are not prosecuted under the conditions attached. The guardian of a criminal suspect should strengthen the discipline of criminal suspects and cooperate with the people's Procuratorate for supervision and inspection.

The period of trial for conditional non prosecution is six months or less, and shall be counted from the date of the decision made by the people's Procuratorate for conditional non prosecution.

"The suspects who are not prosecuted under the conditions shall abide by the following provisions:

"(1) abide by laws and administrative regulations, and submit to supervision;

"(two) reporting on their activities according to the provisions of the inspection authorities;

"(three) to leave the city, county or residence where it lives, it shall be reported to the inspection authority for approval.

"(four) to receive education correction according to the requirements of the inspection authorities.

"If 269th suspects who are not conditional on prosecution are found to have one of the following situations during the trial period, the people's Procuratorate shall revoke the decision of conditional non prosecution and initiate a public prosecution.

"(1) there are other crimes that need to be prosecuted before the implementation of the new crime or the discovery of the decision is conditional.

"(two) violating the provisions of the administration of public security or the regulations on supervision and administration of non prosecution by conditions attached to the investigating organs, the circumstances are serious.

"If a criminal suspect who is not prosecuted under the condition does not have such a case during the trial period, and if the trial expires, the people's Procuratorate shall make a decision not to prosecute.

"During the 270th trial, the defendant's case under eighteen years old will not be heard in public.

"271st article in the court investigation, the people's court should understand the growth experience, the cause of crime, and the conditions of education and transformation of the juvenile defendants.

"When 272nd crimes are less than eighteen years old and are sentenced to five years' imprisonment, the judicial organs and relevant departments should seal up the relevant criminal records.

"The criminal record is sealed up and shall not be provided to any unit or individual, except that the judicial organ needs to inquire in accordance with laws and regulations for the need of handling cases or the relevant units. A unit that conducts inquiries according to law shall keep confidential the situation of the recorded criminal record.

"273rd cases of juvenile delinquency shall be carried out in accordance with the other provisions of this law except for those already provided in this chapter."

Ninety-six, add a chapter as the fifth part of the second chapter:

"The second chapter is the litigation procedure of the parties' reconciliation.

"274th, for the following public prosecution cases, the suspects and defendants will voluntarily repent and obtain the victim's understanding by way of compensation for the loss and apology to the victim, the parties can reach a settlement agreement:

"(1) because of civil disputes, a criminal case which is stipulated in the fourth and fifth chapters of the provisions of the criminal law may be sentenced to three years' imprisonment.

"(two) a case involving negligent crimes other than dereliction of duty may be sentenced to seven years' imprisonment.

If a criminal suspect or defendant intentionally committed a crime within five years, the procedure prescribed in this chapter shall not apply.

"Where the 275th party reconciled itself to the parties concerned, the public security organ, the people's Procuratorate and the people's court shall listen to the opinions of the parties concerned and other relevant personnel, examine the voluntary and lawful settlement of the settlement agreement, and preside over the production settlement agreement.

"276th, for cases of reaching a settlement agreement, the public security organ may make a lenient proposal to the people's Procuratorate. The people's Procuratorate may propose a lenient punishment to the people's court; if a minor offense is not required for sentencing, the people's Procuratorate may make a decision not to prosecute. The people's court may be lenient with the accused according to law. "

Ninety-seven, add a chapter as the fifth part of the third chapter:

"Third chapter: confiscation procedures for criminal suspects and defendants' illegal gains from escaping or death cases

"277th, if a criminal suspect or defendant absconded with a major crime such as corruption, bribery or terrorist activities, he can not come to the case after one year's arrest, or if the suspect or defendant dies. According to the provisions of the criminal law, the illegal gains and other property involved should be recovered. The people's Procuratorate may apply to the people's court for confiscation of illegal gains.

"The application for confiscation of illegal gains shall include the categories, numbers, locality, sealing up, seizure and freezing of property, together with relevant evidence.

"When necessary, the people's court may seal up, seize or freeze the property confiscated.

"278th applications for confiscation of illegal gains and other property involved shall be tried by a collegial panel composed of intermediate people's courts in the place of crime or the place where the suspect or defendant lives.

The people's court shall issue a notice after accepting the application for confiscation of illegal gains. The announcement period is six months.

"The people's court shall hear the application for confiscation of illegal gains after the expiration of the announcement. The close relatives of criminal suspects and defendants and other interested parties have the right to apply for litigation, or to entrust agents to participate in litigation. If the interested party has any objection to the application for forfeiture of illegal gains, the people's court shall open the court for trial.

"The 279th people's court, after hearing the case, shall decide to confiscate the property which is illegally obtained from the investigation, unless it is returned to the victim in accordance with the law.

"For a ruling made by the people's court in accordance with the provisions of the preceding paragraph, an appeal or protest may be filed.

"280th, when a criminal suspect or defendant who has abscond in the court is voluntarily committed or captured, the people's court shall terminate the hearing.

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"If there is any mistake in confiscating the property of a criminal suspect or defendant, it should be returned."

Ninety-eight, add a chapter as the fifth part of the fourth chapter:

"The fourth chapter deals with compulsory medical procedures for mentally ill patients who commit violent acts.

"281st mental patients who commit violent acts endangering public safety or causing death or serious injuries shall be identified by legal procedures, and are not liable for criminal liability according to law. If there is any possibility of continuing harm to society, the people's court may decide to make compulsory medical treatment.

"282nd compulsory medical treatment for mentally ill persons who commit violent acts shall be submitted to the people's court by the people's Procuratorate. The people's court shall form a collegial panel to hear the case. If the respondent meets the mandatory medical conditions, he may make a decision on compulsory medical treatment. In the process of hearing a case, the people's court found that the defendant was in compliance with the compulsory medical conditions, and could directly make a decision on compulsory medical treatment.

"When a people's court hears a compulsory medical case, it shall notify the legal representative of the respondent or defendant to appear on the scene.

"Before the people's court decides to make compulsory medical treatment, it may take protective restrictive measures against the respondent or defendant.

"283rd compulsory medical institutions should regularly diagnose and evaluate people who are under compulsory medical treatment. For those who have no personal danger and do not need to continue compulsory medical treatment, they should promptly release their opinions and report to the people's court for compulsory medical treatment. Those who are under compulsory medical treatment and their close relatives have the right to apply for the lifting of compulsory medical treatment.

"284th people's procuratorates exercise supervision over the legality of enforcement activities of compulsory medical institutions."

The ninety-nine, ninety-ninth, 126th, 127th, 132nd, 146th, 166th, 171st, 172nd, 192nd and 193rd clauses are quoted in accordance with this amendment accordingly. The relevant sections and provisions of the Criminal Procedure Law shall be adjusted accordingly according to this amendment.

Annex: comparison table before and after amendment to the criminal procedure law of the People's Republic of China

An explanation of the amendment to the criminal procedure law of the People's Republic of China (Draft)

China's current criminal procedure law was formulated in 1979 and amended at the four session of the eight National People's Congress in 1996. Practice has proved that China's criminal procedure design and allocation of powers are generally scientific and reasonable. However, with the rapid development of the economy and society, the continuous development of democracy and legal system and the growing demand of the people's judicature, there are some problems in some aspects of the criminal procedure system. It is necessary to further improve them.

In recent years, some NPC deputies and relevant parties have put forward suggestions and suggestions for amending and perfecting the criminal procedure law. The Central Committee's opinions on deepening the reform of the judicial system and working mechanism also put forward specific and specific requirements for further improving the criminal procedure system. Since the ten National People's Congress, the legislative work committee has been following up the investigation and Research on the implementation and implementation of the law in accordance with the requirements of the Standing Committee's legislative planning. Since the beginning of 2009, the work of drafting and modifying the criminal procedure law has been carried out. The drafting work adheres to the concept of socialist rule of law with Chinese characteristics, persists in seeking truth from facts, starting from the national conditions, conscientiously summing up judicial practice experience, advancing the improvement of criminal procedure system step by step, insisting on the principle of division of responsibilities, mutual coordination and mutual restraint, perfecting the power allocation of judicial organs in criminal proceedings, better adapting to the needs of litigation activities, persisting in implementing the criminal policy of temper justice with mercy, paying equal attention to punishing crimes and safeguarding human rights, paying attention to punishing crimes timely and accurately, safeguarding citizens, social and national interests, and paying attention to the protection of legal rights of participants in criminal proceedings, including suspects and defendants. After repeated studies with the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security and the Ministry of justice, many people listened to the opinions of NPC deputies, grass-roots handling departments, lawyers, experts and scholars, and solicited opinions from some local people's congresses. The main points are as follows:

First, improve the evidence system.

Evidence system is an important system running through all litigation activities. It plays a key role in fair trial, correct conviction and sentencing. It is difficult to meet the practical needs of the existing criminal procedure law in comparison with the provisions of the existing criminal procedure law.

1. improve the types of evidence and standards of proof.

The forty-second provision of the criminal procedure law provides seven kinds of evidence, such as material evidence, documentary evidence, witness testimony, etc. According to the new situations and practical needs in criminal proceedings, it is suggested to increase the provision of electronic data in the category of evidence. (Amendment Bill twelfth)

The criminal procedure law stipulates the standard of proof for the fact that the facts are clear, the evidence is true and sufficient for the end of investigation, the prosecution and the guilty verdict. In order to accurately apply this standard, it is suggested to further clarify the conditions for "evidence to be true and sufficient", that is, the facts of conviction and sentencing are evidences, and the evidence that has been determined is verified by legal procedures. (Amendment Bill sixteenth)

In addition, in order to strengthen the connection between administrative law enforcement and criminal justice and improve the efficiency of litigation, it is suggested to increase the regulations. Evidence materials such as material evidence and documentary evidence collected by administrative organs in the process of administrative law enforcement can be used as evidence if verified by judicial organs. (Amendment Bill fifteenth)

2. improve the exclusionary system of illegal evidence.

The forty-third section of the criminal procedure law provides for the prohibiting extorting confessions by torture and collecting evidence in other illegal ways. In order to further curb acts of extorting confessions by torture and other illegal collection of evidence from the system, safeguard judicial justice and the lawful rights of participants in criminal proceedings, it is suggested that after the extortion of confessions by torture is strictly prohibited, no provision is required for anyone to prove his guilt. It is stipulated that the testimony and testimony of witnesses collected by criminal suspects and defendants who have been collected by illegal means such as torture, confession and other illegal methods shall be excluded. The collection of material evidence and documentary evidence in violation of the law shall seriously affect judicial fairness, and the evidence should also be excluded. It stipulates that people's courts, people's procuratorates and public security organs have the obligation to exclude illegal evidence, and stipulate the investigation procedures for excluding illegal evidence in the process of trial. (Amendment fourteenth, seventeenth to twenty-first)

In addition, in view of the fact that the practice of confession by torture occurs mostly before the transfer of suspects to the detention center in judicial practice, it is suggested that the detention and arrest should be immediately sent to detention houses after detention and arrest, and that if the suspects are sent to detention centres for detention, the investigators should interrogate them, and they should be carried out in the detention house, and provide a recording and video recording system for the interrogation process. (Amendment Bill thirty-sixth, thirty-ninth, forty-sixth, forty-ninth)

3. improve the system of witnesses' appearing in court.

It is of great significance for the witness to testify in court to find out the case, verify the evidence and make a correct decision. In judicial practice, witnesses and appraisers should appear in court to testify rather than appear in court, which is more prominent, affecting the fairness of justice and needs further standardization. It is proposed to clarify the scope of witnesses appearing in court to testify, and stipulate that witnesses' testimony has a significant impact on conviction and sentencing of cases. Prosecutors, litigants or defenders and agents of litigants are dissenting, or if the people's court considers it necessary, witnesses should appear in court to testify. If the public prosecutor, the litigant or the defender or the agent ad litem disagrees with the appraisal opinion, the appraiser shall appear in court to testify. At the same time, the compulsory court system is stipulated. If witnesses or appraisers fail to testify in court without proper reasons, the people's court may force him to appear in court. If circumstances are serious, he may be detained for ten days or less. In view of the fact that compulsory spouse, parents and children testify against defendants in court, it is not conducive to the maintenance of family relations. Therefore, the defendant's spouse, parents and children are excluded. (Amendment Bill sixty-seventh and sixty-eighth)

4., improve witness protection system.

The forty-ninth provision of the criminal procedure law stipulates that the judiciary should ensure the safety of witnesses and their close relatives. In practice, the protection of witnesses can be achieved by investigating responsibility for retaliation. On the other hand, it is necessary to strengthen the protection of witnesses in some serious criminal cases. It is proposed to add provisions to witnesses and victims of crimes such as crimes endangering national security, terrorist activities, triad like organized crimes, drug crimes, etc., and, in accordance with the needs of the case, taking measures such as not revealing personal information such as real names, addresses, and work units, not appearing to testify in appearance, real voice, etc., and giving special protection to their bodies and houses. (Amendment Bill twenty-third)

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Two, improve the mandatory measures.

In order to ensure the smooth progress of criminal proceedings, the criminal procedure law stipulates five compulsory measures: arrest, detention, surveillance of residence, bail pending trial, and detention. However, as the situation of crime is becoming increasingly complex and the law enforcement environment has changed, some of the existing provisions on coercive measures can no longer meet the needs of judicial practice.

1., improve the conditions of arrest.

The sixtieth provision of the criminal procedure law stipulates that the suspects and defendants who may be sentenced to imprisonment for more than a sentence with evidence to prove that there is a criminal fact shall not be able to prevent social risks by taking bail pending trial and monitoring residence. In order to solve the problem of inconsistent understanding of arrest conditions in judicial practice, it is proposed to stipulate the principle of "social danger and arrest necessity", and elaborate the following provisions: it is possible to introduce new crimes; there is a real danger to national security, public security or social order; it may destroy, forge or concealment evidence, interfere with witnesses' testimony or confession; may retaliate against victims, whistleblowers and accusers; commit suicide or run away. And clearly stipulates that if there is evidence to prove that there is a criminal fact, it may be sentenced to more than ten years' imprisonment, or may be sentenced to more than a sentence of imprisonment. (Amendment Bill thirty-fifth)

2., improve the procedure of examination and arrest.

In order to further improve the procedure of examination and arrest, in order to facilitate the procuratorial organs to understand the situation of the case more comprehensively and to apply the arresting measures accurately, based on summing up practical experience, it is suggested to increase the stipulation. If the people's Procuratorate approves and arrests, it can interrogate suspects. If there is any doubt about whether or not the conditions of arrest are met, the criminal suspect needs to make a statement in person, there may be serious violations of the investigation activity, and the suspect should be interrogated. If a defence lawyer asks for a request, he should also listen to the opinions of the defence counsel. At the same time, in order to strengthen the supervision of the people's Procuratorate's custody measures and prevent prolonged detention and unnecessary detention, it is suggested to increase the procedures for the people's Procuratorate to examine the necessity of detention after the arrest of the suspects and defendants. (Amendment Bill thirty-eighth and fortieth)

3. improve residential surveillance measures

Surveillance residence and bail pending trial are compulsory measures for restricting the freedom of the suspect and defendant, but the degree of freedom restriction is different. The criminal procedure law stipulates the same applicable conditions for these two coercive measures. Taking into account the actual implementation of residential surveillance, residential surveillance should be placed on alternative measures to reduce detention, and it is stipulated that different application conditions are appropriate for bail pending trial. It is suggested that the separate conditions applicable to residential surveillance should be applied to those who are in compliance with the arrest condition but who are seriously ill or unable to take care of themselves and are pregnant or are nursing their babies. Because of the special circumstances of the case or the need for handling cases, it is more appropriate to take measures to monitor the residence, and when the detention period expires, the case has not yet been completed and the need for residential surveillance measures is needed. For those who meet the conditions of bail pending trial, the suspect or defendant can not provide guarantor or pay security deposit. For suspects and defendants who are suspected of endangering national security, terrorist activities and major bribery crimes, they may be obstructing the investigation if they are to be monitored in their residences, and can be executed in the designated residence after the approval of the higher level judicial organs. At the same time, the people's Procuratorate shall be required to supervise the execution of residential surveillance. It is stipulated that residential surveillance should not be carried out in detention places or special places for handling cases. It is clearly stipulated that the time limit for residential surveillance by designated residence should be reduced to the term of imprisonment. (Amendment twenty-ninth to thirty-first)

4. appropriately extend the time limit for arrest.

The ninety-second provision of the criminal procedure law stipulates that the duration of a warrant shall not exceed twelve hours. According to the opinions of various parties, it is suggested that the provisions of the case should be increased and complicated, and detention and arrest measures need to be taken. The detention shall not exceed twenty-four hours. And stipulates that during the period of detention, the necessary dietary and rest time of the suspect shall be guaranteed. (Amendment Bill forty-seventh)

Three, improve the defense system.

In order to further improve the defense system, protect lawyers' practice rights and strengthen legal aid, it is suggested that the following amendments be made:

1. stipulates that lawyers can be appointed as defenders at the stage of investigation.

The thirty-third and ninety-sixth provisions of the criminal procedure law provide that the suspects and defendants can entrust defenders at the stage of examination, prosecution and trial, and can only hire lawyers to provide legal help at the stage of investigation. In view of the fact that the suspects and defendants enjoy the right to defense in the whole litigation process, it is suggested to increase the provision that the suspect can entrust a lawyer as a defender to provide legal help in the investigation stage. (Amendment Bill third and sixth)

2., perfecting the provisions of defense lawyers' meeting with suspects and defendants in custody.

The ninety-sixth provision of the criminal procedure law stipulates that in cases involving state secrets, criminal suspects should be authorized by the investigation authorities to hire lawyers and lawyers to meet suspects in custody. The revised law of the people's Republic of China has made different stipulates that lawyers have the right to meet suspects and defendants on the basis of lawyer's practice certificate, law firm's certificate and letter of attorney or legal aid letter. Lawyers will not be monitored if they meet with suspects and defendants. All sides agreed that the relevant provisions of the law of lawyers should be absorbed in the criminal procedure law, but for a few cases involving national security and major interests, lawyers meeting with criminal suspects are necessary prior to the consent of the investigation authorities. Accordingly, it is suggested that the relevant contents of the law of lawyers be absorbed, and that joint crimes involving crimes of endangering national security, criminal activities of terrorist activities and major bribery crimes should be stipulated. (Amendment Bill seventh)

3., improve the relevant provisions of lawyers' marking.

The thirty-sixth provision of the criminal procedure law stipulates that during the period of examination and prosecution, counsel can consult, extract and copy the litigation documents and technical appraisal materials in this case. He can consult, extract and copy the material of the crime facts alleged in the case at the trial stage. The revised law of lawyers expanded the scope of defense lawyers' marking at the stage of examination and prosecution. It is suggested that the relevant contents of the solicitor act be absorbed, and that the defense counsel may consult, extract and duplicate the facts of the alleged crime in the case during the period of examination, prosecution and trial. (Amendment Bill seventh)

4., improve the legal aid system.

In order to further protect the defense rights of suspects and defendants, it is suggested to expand the application of legal aid in criminal proceedings. For a criminal suspect or defendant who is blind, deaf, dumb, minors and may be sentenced to death without entrusting defenders, the people's court shall defend him, and the people's court, the people's Procuratorate and the public security organ shall notify the legal aid agency to appoint counsel to provide defense for him; and add provisions to provide legal aid to those who may be sentenced to life imprisonment without entrusting defenders. (Amendment Bill fourth and ninety-fifth)

Four, improve investigation measures.

With the development of economy and society and the change of criminal situation, on the one hand, we must improve the investigation measures, give the investigative organs necessary investigative means, and strengthen the fight against crime; on the other hand, we must strengthen the norms, restrictions and supervision of investigation measures, and prevent abuse. It is suggested that the following amendments be made:

1. clear technical investigation and secret investigation measures

According to the practical needs, it is suggested to increase the following provisions: first, it is necessary to provide technical investigation measures for serious crimes involving serious crimes of endangering national security, terrorist activities, crimes committed by gangland, major drug crimes or other serious crimes against society, as well as major cases of corruption and bribery. Two, stipulates that the public security organs can decide to carry out secret investigation by specific personnel and implement controlled delivery according to the regulations. Three, it is clear that technical investigation measures, secret investigation measures and materials collected under controlled delivery can be used as evidence. (Amendment Bill fifty-sixth)

2. perfecting the provisions of investigation supervision

In order to further strengthen supervision over investigative measures, it is suggested that the parties concerned and interested parties should be added to consider that the judicial organs and their staff members shall not release or change compulsory measures according to law, and shall not refund the guarantor pending guarantor money in accordance with the law. They shall illegally search, seal up, seize or freeze, do not release, seal up, seize or freeze according to law, and impede the prosecution, accusation and handling procedures of defenders and agents acting according to law according to law and infringing upon their legitimate rights and interests. (Amendment Bill forty-fifth)

Five, improve the trial procedure.

In order to better allocate judicial resources and improve the efficiency of litigation, it is necessary to distinguish the different circumstances of the case and further improve the judicial procedure under the premise of ensuring judicial justice.

1. adjust the scope of application of summary procedure.

The criminal procedure law provides for public prosecution cases that may be sentenced to three years' imprisonment and summary procedures for private prosecution cases. According to the need of judicial practice, it is suggested to change the scope of summary trial to the case of "pleading guilty" under the jurisdiction of the grassroots people's court, that is, the following sentences may be sentenced to fixed-term imprisonment, and the defendant acknowledges his crime. Among them, if a person may still be sentenced to three years' imprisonment, the current rule can be maintained by a single judge alone. If a person may be sentenced to fixed-term imprisonment of not less than three years, he shall form a collegial panel for trial. At the same time, in order to strengthen the restrictive and procuratorial functions and stipulate the application of summary procedure to prosecute public prosecution cases, the people's Procuratorate shall send officers to attend the court. (Amendment seventy-fourth to seventy-sixth)

2. improve the procedures of first instance and second instance.

For the first instance procedure, according to the judicial practice and actual needs, it is suggested to improve the transfer system of the prosecution files, and stipulate that the people's procuratorate should transfer the files and evidence to the people's court when prosecuting the public prosecution, and improve the preparatory procedure before the court's hearing, and increase the provision of the judicial officers to convene the public prosecutor, the parties and the defenders and the agent ad litigants before the court session to understand the situation and listen to the questions such as evading, appearing on the list of witnesses in the court, excluding illegal evidence, and increasing the contents of the prescribed sentencing in the court trial procedure; and increasing the stipulations that the people's court shall make decisions on the disposal, seizure and freezing of property and its fruits in the judgment. (Amendment Bill sixty-second, sixty-third, sixty-fourth, seventieth, seventy-first).

For the second instance procedure, in order to ensure the fair handling of the case, the scope of the second instance hearing should be clearly defined. It is proposed to increase the stipulation, the parties shall raise objections to the facts and evidence identified in the first instance judgment, and the people's Court of second instance considers that it may affect the conviction and sentencing, and the appellant's appellate case is sentenced to death. The people's Court of second instance shall hear the case. In order to avoid repeating the retrial, it is suggested that the retrial system should be perfected and the provisions should be increased. After the people's Court of first instance made a judgment on a case that was unclear and insufficient evidence was sent back for retrial, the people's Court of second instance still tried to make a judgment in accordance with the law after hearing that the facts were still unclear or incomplete. (Amendment Bill eighty-first and eighty-third)

In addition, in view of the shortage of trial cases in some major and complex cases in practice and the quality of handling cases, the trial period of the first instance and second instance has been appropriately extended. (Amendment Bill seventy-third, eighty-second, eighty-fourth)

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3., improve the procedure of death penalty review.

According to the nature of death penalty review procedure, in order to further ensure the quality of death penalty review cases, it is suggested that the Supreme People's court review the death penalty cases and make a decision to approve or not approve the death penalty. For those who do not approve the death penalty, the Supreme People's court may send a new trial or a retrial. At the same time, to increase the regulations, the Supreme People's court should review the death penalty cases, interrogate the accused and listen to the opinions of the defenders; the Supreme People's Procuratorate may submit opinions to the Supreme People's court. (Amendment Bill eighty-fifth and eighty-sixth)

Six, improve the implementation requirements.

In order to further improve the execution procedure of penalty, according to the opinions of various parties, the following supplementary amendments are suggested.

1. perfecting the regulations for temporary supervision outside prison

Temporary execution outside prison is a system for punishments for criminals who have serious illness, are pregnant or are breastfeeding their babies, and are unable to take care of themselves outside prison. It is suggested that the following three aspects should be further improved. First, according to actual needs, the object of temporary supervision outside prison shall be extended to those who are sentenced to life imprisonment or are nursing their babies. Two, we should further clarify the decision and approval procedure for temporary supervision outside prison. The three is to increase the stipulation that criminals who do not meet the conditions for temporary execution outside prison shall be temporarily executed outside prison by means of bribery and other illegal means. They shall not be included in the execution period during the period of execution outside prison. (Amendment Bill eighty-eighth and ninetieth)

2., strengthen the procuratorial organs' legal supervision over the execution of penalty.

In order to improve the supervision mechanism of the procuratorial organs for commutation, parole and temporary supervision outside prison, it is suggested to increase the regulations. Suggestions for commutation or parole issued by prisons or detention houses or temporary observations outside prison shall be sent to the people's Procuratorate at the same time. The people's Procuratorate may submit written opinions to the people's court or the approving organ. (Amendment Bill eighty-ninth and ninety-third)

3. increase community correction provisions

According to the opinions of various parties, it is suggested to increase the regulations and implement community correction according to law for criminals who are temporarily executed outside prison. (Amendment Bill ninety-first)

Seven. Special procedures.

Some NPC deputies and relevant parties have repeatedly suggested that special procedures should be specified for specific cases and special situations such as juvenile delinquency. It is proposed to add a special procedure to supplement the relevant procedures:

1. setting up proceedings for juvenile delinquency cases

In view of the characteristics of juvenile delinquency cases, it is suggested that the guidelines, principles and special procedures for handling juvenile delinquency should be stipulated. The establishment of conditional non prosecution system stipulates that a juvenile may be sentenced to a term of imprisonment of less than one year for a juvenile who is suspected of infringing upon personal rights, democratic rights, property violation and social management order, which is in line with the conditions of prosecution. However, if there is a case of repentance, the people's Procuratorate may make a decision on conditional non prosecution. At the same time, in order to help juvenile offenders return to society better, set up a criminal record keeping system. If a criminal offence is less than eighteen years old and is sentenced to five years' imprisonment, the criminal record shall be sealed up and not allowed to be provided to any unit or individual, except that the judicial organ needs to inquire in accordance with the law according to the need for handling cases or the relevant units. (Amendment Bill ninety-fifth)

2. stipulates the conciliation proceedings for specific cases of public prosecution cases.

The criminal procedure law provides for the reconciliation of private prosecution cases. According to various opinions, in order to resolve conflicts and disputes, it is necessary to expand the scope of application of conciliation proceedings and incorporate some public prosecution cases into conciliation proceedings. At the same time, taking into account the nature of prosecution and the seriousness of penalties in public prosecution cases, we should prevent new injustices. We should limit the scope of the application of conciliation proceedings to cases of deliberate crimes involving civil disputes, suspected violations of personal rights, democratic rights and property crimes, which may be punishable by three years' imprisonment, as well as negligent crimes other than dereliction of duty, which may be sentenced to seven years' imprisonment. However, this procedure is not applicable to a criminal suspect or defendant who intentionally committed a crime within five years. The people's court, the people's Procuratorate and the public security organ may be lenient according to law in reaching a settlement agreement between the parties concerned. (Amendment Bill ninety-sixth)

3. stipulates the confiscation procedure of criminal suspects and defendants' illegal gains from absconding or death cases

In order to crack down on corruption crimes and terrorist activities crimes, and take timely measures to freeze the proceeds of crime, and link up with the requirements of the United Nations Convention against corruption and the resolutions on counter-terrorism issues that China has joined, it is proposed to increase the regulations. If a criminal suspect or defendant absconded with a major crime such as corruption, bribery or terrorist activities, the criminal suspect or defendant shall be killed after a year of arrest, and the illegal gains and other property involved should be recovered in accordance with the provisions of the criminal law. The people's Procuratorate may apply to the people's court for confiscation of illegal gains. And set up a specific trial procedure. (Amendment Bill ninety-seventh)

4. mandatory medical procedures for mentally ill persons who commit violent acts.

The eighteenth provision of the criminal law stipulates that a mentally ill person will result in harmful consequences when he can not identify or control his act. He shall not be liable for criminal responsibility if he has been identified by the legal procedure. However, he or she should be ordered to give strict care and medical treatment to his family members or guardians. In order to protect public safety and maintain social harmony and order, it is proposed that, on the basis of this, the people's Procuratorate shall apply to the people's court for compulsory medical treatment for the implementation of acts of violence that endanger public safety or cause death or serious injury, without criminal liability in accordance with the law, and for mentally ill people who continue to endanger society. It also stipulates the decision procedure of the people's court, the lifting procedure of compulsory medical treatment and the supervision of the people's Procuratorate. (Amendment Bill ninety-eighth)

There is another problem that needs to be reported. Considering that the amendment of the criminal procedure law is relatively large, there are more amendments and supplementary provisions, and new additions, chapters and sections have been added. It is suggested that the Standing Committee should be deliberated and approved by the Standing Committee after deliberation and further modification of the NPC Standing Committee.