DECISION OF THE NATIONAL PEOPLE’S CONGRESS ON AMENDMENTS OF THE CRIMINAL PROCEDURE LAW

    It is hereby decided that, after reviewing and considering the amendments
(draft) of the Criminal Procedure Law of the People’s Republic of China at
the Fourth Session of the Eighth National People’s Congress, the Criminal
Procedure Law of the People’s Republic of China are amended as follows:

    1. The post_title of Chapter I, Part One is amended as Aim and Basic
Principles.

    2. Article 1 is amended as:

    This Law is enacted in accordance with the Constitution to guarantee the
correct implementation of the Criminal Law, punish crimes, protect the
people, ensure the national security and social public security and maintain
the social order of the socialist society.

    3. Article 2 is amended as:

    The Criminal Procedure Law makes it the objective to ensure the accurate
and timely ascertainment through investigation of the criminal facts, the
proper application of the law and punishments of criminals, to protect
innocent people from undergoing criminal prosecution, to educate citizens to
observe law voluntarily and take an active part in the struggle against
criminal acts, to uphold the socialist legal system, to protect the personal
rights, property rights, democratic rights and other rights of citizens, and
to ensure the smooth progress of socialist construction.

    4. Paragraph 1 of Article 3 is amended as:

    The public security organs are responsible for investigation, detention,
execution of arrests and preliminary examination. The people’s procuratorates
are responsible for conducting procuratorial work, approving arrests,
investigating cases directly accepted by the procuratorates and initiating
public prosecutions. The people’s courts are responsible for adjudication.
Any other organs, organizations and individuals have no right to exercise
such power, unless otherwise provided by law.

    5. Two articles are added after Article 3 to make Articles 4 and 5:

    Article 4  The state security organs shall according to the stipulations
of the law handle with criminal cases endangering the state security and
exercise the functions and power identical with those of the public security
organs.

    Article 5  The people’s courts shall according to the stipulations of the
law exercise independently judicial power and the people’s procuratorates
shall according to the stipulations of the law exercise independently
procuratorial power, both of which shall be free of any interference by
administrative organs, social organizations and individuals.

    6. An article is added after Article 5 to make Article 8:

    The people’s procuratorates shall according to law exercise legal
supervision over criminal law suits.

    7. An article is added after Article 8 to make Article 12:

    No person shall be held guilty in absence of a judgment rendered by the
people’s court according to law.

    8. Article 11 is renumbered Article 15, wherein the stipulations of “In
any of the following circumstance, no criminal responsibility shall be
investigated; if investigation has already been undertaken, the case shall be
dismissed, or prosecution shall not be initiated, or innocence shall be
declared” are amended as:

    Subject to one of the following instances, no criminal responsibility
shall be investigated, and if investigation has been undertaken, the case
shall be dismissed, or prosecution shall not be initiated, or the hearing
shall be terminated, or innocence shall be declared.

    And the sixth item shall be amended as:

    (6) Other instances for which laws provide an exemption from
investigation of criminal responsibility.

    9. An article is added after Article 12 to make Article 17, reading:

    The judicial organs of the country and their counterparts of foreign
countries may mutually request judicial assistance in criminal cases, in
accordance with the international treaties concluded or acceded to by the
People’s Republic of China, or according to reciprocal principle.

    10. Article 13 is renumbered Article 18 and amended as:

    Public security organs shall conduct investigations into criminal cases
unless otherwise stipulated by law.

    People’s procuratorates shall file cases and conduct investigations into
crimes regarding corruption, crimes regarding dereliction of duty committed
by public employees of the state, crimes regarding infringement on the
personal rights of, and on the democratic rights of, citizens committed by
staff personnel of state organizations by abusing their authority in respect
of illegal detention, extortion by torture of confession, retaliation and
false charges, and illegal rummage. Other cases involving serious crimes
committed by staff personnel of state organizations by abusing their
authority, may be filed with and investigated by people’s procuratorates,
subject to the decision made by the people’s procuratorate at provincial
level or above, when the people’s procuratorate concerned is required to
directly accept the case.

    Cases of private prosecution shall be accepted directly by the people’s
courts.

    11. Article 15 is renumbered Article 20 and amended as:

    The intermediate people’s courts shall have jurisdiction as courts of
first instance over the following criminal cases:

    (1) Counter-revolutionary cases and cases endangering the national
security;

    (2) Ordinary criminal cases possibly resulting in a judgment of life
imprisonment or death penalty; and

    (3) Criminal cases involving crimes committed by foreigners.

    12. Article 18 is renumbered Article 23, with the deletion of the
following provision:

    They may also transfer criminal cases over which they themselves have
jurisdiction as courts of first instance to people’s courts at lower levels
for trial.

    13. An article is added after Article 23 to make Article 29, reading:

    Judicial, procuratorial and investigatory personnel shall not be allowed
to accept invitation to entertainment or gifts by the party and the persons
entrusted by him, or shall not be allowed to meet, in violation of
stipulations, the party and the persons entrusted by him.

    Judicial personnel, procuratorial personnel and investigatory personnel
who have violated the provisions in the preceding paragraph, shall according
to law be investigated into the legal responsibility. The party and his
legal representative have the right to apply for the withdrawal of the
personnel concerned.

    14. Article 24 is renumbered Article 30, and the third paragraph is
amended as:

    In response to the decision on rejection of a party’s application for
withdrawal, the party and his legal representative may apply for a final
reconsideration.

    15. The post_title of Chapter IX, Part One is amended as Defense and
Procuration

    16. Article 26 is renumbered Article 32 and amended as:

    In addition to the exercise by himself of the right to defense, the
criminal suspect or the accused may entrust one or two persons as his
defenders, and following persons may be entrusted to be defenders:

    (1) Lawyers;

    (2) Persons recommended by a people’s organization or the unit by which
the criminal suspect or the accused is employed; and

    (3) Guardians, relatives and friends of the criminal suspect or the
accused.

     The persons undergoing criminal punishments or being deprived of or
restrained from personal liberty according to law shall not act as defenders.

    17. An article is added after Article 26 to make Article 33, reading:

    The right of a criminal suspect to entrust defenders in public
prosecution accrues on the day when the case is submitted for examination and
prosecution. The accused in a private prosecution has the right to entrust
defenders at any time.

    The people’s procuratorate shall, within three days from the day of
receiving the file of the case submitted for examination and prosecution,
inform the criminal suspect of the right to entrust defenders. The people’s
court shall, within three days from the day of accepting the private
prosecution, inform the accused of the right to entrust defenders.

    18. Article 27 is renumbered Article 34 and amended as:

    In case a public prosecutor appears in court to conduct a public
prosecution while the accused has not entrusted his defenders on account of
economic difficulty or for other reasons, the people’s court may designate a
lawyer duty-bound to provide legal assistance to defend him.

    In case the accused who is blind, deaf or mute or who is a minor, does
not entrust a defender, the people’s court shall designate a lawyer
duty-bound to provide legal assistance to defend him.

    In case the accused who may possibly be sentenced to death punishment
does not entrust a defender, the people’s court shall designate a lawyer
duty-bound to provide legal assistance to defend him.

    19. Article 29 is renumbered Article 36 and amended as:

    The defense lawyer may, from the day of the examination by the people’s
procuratorate of the prosecution case, consult, make extracts from and
reproduce the file documents, documents of technical examination, and may
meet and correspond with the criminal suspect in custody. Other defenders
with the permit of the people’s procuratorate may consult, make extracts from
and reproduce the afore-said file documents, and may meet and correspond with
the criminal suspect in custody.

    Defense lawyer may, from the day of accepting the case by the people’s
court, consult, make extracts from and reproduce the file documents on
criminal facts accused of, and may meet and correspond with the accused in
custody. Other defenders with the permit of the people’s court may consult,
make extracts from and reproduce afore-said file documents, and meet and
correspond with the accused in custody.

    20. Two articles are added after Article 29 to make Articles 37 and 38:

    Article 37  The defense lawyer may, with the consent of the witnesses
or other relevant units and individuals, acquire information related to the
case from them, or may apply to the people’s procuratorate, or people’s court
for collecting or obtaining by order the evidence, or apply to people’s court
for notifying witnesses to testify in the court.

    The defense lawyer, with the permit by the people’s procuratorate or
people’s court, may with the consent of the victim, his near relatives or the
witnesses provided by the victim, acquire information related to the case
from them.

    Article 38  The defense lawyer and other defenders shall not assist
the criminal suspects or the accused to conceal, destroy, frame up evidence
or act to collude with each other’s confessions, and shall not threaten,
entice witnesses to make alterations in testimony, and shall not commit any
acts which may cause interference in prosecution activities conducted by
judicial organs.

    Legal responsibility shall be investigated into for violating the
provisions of the preceding paragraph.

    21. Two articles are added after Article 30 to make Articles 40 and 41:

    Article 40  The victim and his legal representative or near relatives in
public prosecution, the parties and their legal representatives in an
incidental civil action, have the right to entrust agents ad litem from the
day when the case is submitted for examination and prosecution. The
prosecutor and his legal representative in private prosecution, the parties
and their legal representatives in an incidental civil action have the right
to entrust agents as litem at any time.

    The people’s procuratorate shall, within three days from the day of
receiving the file of the case submitted for examination and prosecution,
inform the victim and his legal representative or near relatives, the parties
and their legal representatives in an incidental civil action of the right to
entrust agents ad litem. The people’s courts shall, within three days from
the day of accepting a private prosecution, inform the prosecutor and his
legal representative, the parties and their legal representatives in an
incidental civil action of the right to entrust agents ad litem.

    Article 41  Agents ad litem shall be entrusted by reference to the
stipulations of Article 32 of this Law.

    22. Article 31 is renumbered Article 42, with an addition as Item (7) to
Paragraph 2, reading:

    (7) video and audio materials.

    23. Article 34 is renumbered Article 45 and Paragraph 1 is amended as:

    The people’s courts, the people’s procuratorates and the public security
organs are empowered to collect, obtain by order evidence from relevant units
and individuals. The relevant units and individuals shall furnish the true
evidence.

    Paragraph 2 is amended as:

    Evidence involving state secrets shall be kept confidential.

    24. An article is added after Article 37 to make Article 49:

    The people’s courts, people’s procuratorates and public security organs
shall guarantee the safety of witnesses and their near relatives.

    Criminal responsibility shall be investigated according to law for
menace, humiliation, beating, retaliation done to witnesses and their near
relatives in case of a crime established; and if the seriousness is not
enough for criminal punishments, an administrative penalty for public
security shall be inflicted according to law.

    25. Article 38 is renumbered Article 50 with the deletion of Paragraphs 2
and 3.

    26. Article 38 is followed by eight additional articles which are
numbered Articles 51, 52, 53, 54, 55, 56, 57 and 58:

    Article 51  The people’s courts, people’s procuratorates and public
security organs may allow a criminal suspect or the accused to be bailed out
for summons or reside under surveillance, who is subjected to one of the
following conditions:

    (1) Being possibly sentenced to surveillance, criminal detention or
incidental punishment independently applicable; or

    (2) Being possibly sentenced to a punishment not less than fixed-term
imprisonment, but allowing him to be out on bail or reside under surveillance
may not possibly cause danger to the society.

    Bail out for summons and reside under surveillance shall be executed by
public security organs.

    Article 52  A criminal suspect or the accused in custody and his legal
representative and near relatives have the right to apply for bail out for
summons.

    Article 53  The people’s courts, people’s procuratorates and public
security organs who decide on bailing out for summons or residing under
surveillance of a criminal suspect or the accused, shall order the criminal
suspect or the accused to obtain a guarantor or pay the bail.

    Article 54  Guarantors must meet the following conditions:

    (1) Having no bearing on the cases concerned;

    (2) Being capable to perform a guarantor’s obligations;

    (3) Enjoying political rights and personal liberty is not restrained; and

    (4) Having fixed residence and regular income.

    Article 55  Guarantors shall perform the following obligations:

    (1) Supervise the guaranteed person who shall observe the stipulations of
Article 56 of this Law; and

    (2) Make timely report to the executing organ on the acts which the
guaranteed person may possibly do or has already done in violation of the
stipulations of Article 56 of this Law.

     A guarantor who fails to make timely report on the acts committed by the
guaranteed person in violation of the stipulations of Article 56 of this Law
shall be fined, and if a crime is proved, shall be investigated into the
criminal responsibility according to law.

    Article 56  Criminal suspects or the accused who have been bailed out for
summons shall observe the following stipulations:

    (1) Shall not be allowed to leave the cities, counties they live in
without the permit of the executing organs;

    (2) Shall present themselves in time when being summoned;

    (3) Shall not interfere in any manner with witnesses in testifying; and

    (4) Shall not destroy, frame up evidence or act in collusion to make
confessions.

    In case of violation of the stipulations of the preceding paragraph by
criminal suspects or the accused being bailed out for summons, the bail
already paid shall be confiscated and criminal suspects or the accused shall
be ordered, according to various circumstances, to make a statement of
repentance, to pay again the bail, to obtain a guarantor, or to reside under
surveillance or shall be arrested. Criminal suspects or the accused who have
not violate the stipulations of the preceding paragraph when being out on
bail, shall be refunded the bail that has been paid on expiration of the
period for bailing out for summons.

    Article 57  Criminal suspects or the accused residing under surveillance
shall observe the following stipulations:

    (1) Shall not leave the dwelling place without the permit of the
executing organs, or in absence of a fixed dwelling place, shall not leave
the appointed dwelling place without the permit of the executing organs;

    (2) Shall not meet other persons without the permit of the executing
organs;

    (3) Shall present themselves in time when being summoned;

    (4) Shall not interfere in any manner with witnesses in testifying; and

    (5) Shall not destroy, frame up evidence or act in collusion to make
confessions.

    Criminal suspects or the accused who reside under surveillance may be
arrested for serious violation of the stipulations of the preceding
paragraph.

    Article 58  The people’s courts, people’s procuratorates and public
security organs shall allow criminal suspects or the accused to be bailed out
for summons for a maximum period of twelve months, and to reside under
surveillance for a maximum period of six months.

    In the period of bailing out for summons or residing under surveillance,
investigation, prosecution and examination of the case shall not be
suspended. In case it is found that criminal responsibility shall not be
investigated, or on the expiration of the period of bailing out for summons
or residing under surveillance, the bailing out for summons or residing under
surveillance shall be timely removed, and criminal suspects or the accused
and the units concerned shall be timely informed of such removal.

    27. Article 40 is renumbered Article 60, and “When the main facts of a
crime have been ascertained” in Paragraph 1 is amended as:

    When criminal facts have been proved by evidence,…

    28. Article 41 is renumbered Article 61, and “an active criminal
deserving arrest” is amended as:

    An active criminal

    Item (6) is amended into two parts to make (6) and (7), and the
amendments read:

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

    (7) If he is strongly suspect of a runaway criminal or a criminal
committing crimes repeatedly or in group.

    Item (7) in the original text is deleted.

    29. An article is added after Article 41 to make Article 62:

    A public security organ effecting criminal detention or arrest in another
area, shall inform the public security organ of that area where the person to
be detained or arrested is located, and the public security organ in that
area shall render coordination.

    30. Article 47 is renumbered Article 68 and is amended as:

    A people’s procuratorate, having examined and considered the case
submitted by the public security organ requesting for the approval of arrest,
shall according to the circumstances make a decision on approval or
disapproval of such arrest. In case of a decision on approval of such arrest,
the public security organ shall promptly execute the arrest, and shall duly
inform the people’s procuratorate of the performance of the arrest. In case
of a decision on disapproval of the arrest, the people’s procuratorate shall
state the reasons and, if supplementary investigation is required, shall
inform the public security organ simultaneously.

    31. Article 48 is renumbered Article 69, and the first paragraph is
amended into three paragraphs to make Paragraphs 1, 2 and 3. The amendments
read:

    The public security organ, holding that it is necessary to arrest a
detainee, shall, within three days after the detention, submit it to the
people’s procuratorate for examination and approval. Under special
circumstances, the time limit for the submission may be extended by one to
four days.

    With regard to those who are strongly suspect of runaway criminals or of
criminals committing crimes repeatedly or in group, the time limit for
submission and approval may be extended to thirty days.

    The people’s procuratorate shall, within seven days after the day of
receiving the request for approval of arrest submitted by the public security
organ, make a decision on approval or disapproval of the arrest. In case of
disapproval of the arrest by the people’s procuratorate, the public security
organ shall promptly release the detainee after receiving the notice, and
shall duly inform the people’s procuratorate of such release. Where further
investigation is required and in conformity with the conditions for bailing
out for summons or residing under surveillance, bailing out for summons or
residing under surveillance shall be conducted according to law.

    Paragraph 2 in the original text is deleted.

    32. Three articles are added after Article 51 to make Articles 73, 74 and
75:

    Article 73  The people’s courts, people’s procuratorates and public
security organs, if finding improper compulsory measures have been taken
against the criminal suspects or the accused, shall timely withdraw or make
alterations. Public security organs, releasing arrested persons or making
change in the measures of arrests, shall accordingly inform the people’s
procuratorates making the original approval.

    Article 74  Where cases involving criminal suspects or the accused in
custody which can not be wound up within the time limit stipulated in this
Law for custody for investigation, examination and prosecution, or trial
either in the first instance or in the second instance, requires continued
investigation, examination or trial, the criminal suspects or the accused may
be bailed out for summons or reside under surveillance.

    Article 75  Criminal suspects or the accused and their legal
representatives, near relatives or the lawyers and other defenders entrusted
by the criminal suspects or the accused have the right to demand the removal
of compulsory measures, provided the compulsory measures taken by the
people’s courts, people’s procuratorates or public security organs exceeds
the time limit stipulated by Law. The people’s courts, people’s
procuratorates and public security organs shall, subject to the compulsory
measures exceeding the prescribed time limit, release the criminal suspects
or the accused, remove bailing out for summons or residing under surveillance
or shall according to law change the compulsory measures.

    33. Article 58 is renumbered Article 82 and Item (2) is amended as:

    (2) Parties refer to the victim, private prosecutor, criminal suspect,
the accused, and the plaintiff and defendant in incidental civil action.

    Item (4) is amended as:

    (4) Participants to litigation refer to the parties, legal
representatives, agents ad litem, defenders, witnesses, expert witnesses and
interpreters.

    An item is added to make Item (5), reading:

    (5) Agents ad litem refer to the persons entrusted by the
victims or their legal representatives or near relatives to participate on
their behalf in the proceedings of public prosecutions, or persons entrusted
by the prosecutors or their legal representatives to participate on their
behalf in the proceedings of private prosecutions, or the persons entrusted
by the parties or their legal representatives to participate on their behalf
in the proceedings of an incidental civil action.

    Item (5) in the original text is renumbered Item (6).

    34. Prior to the public prosecution submitted to the people’s court, the
post_title of “the accused” referred to in the original text is amended as
“criminal suspect”.

    The stipulation of “accusation” in Chapter I, Part Two is
amended as “information of a case.”

    35. An article is added before Article 59 to make Article 83:

    The public security organs or people’s procuratorates shall, upon
discovering criminal facts or criminal suspect, file a case and conduct
investigation according to their respective jurisdiction.

    36. Article 59 is renumbered Article 84 and is amended as:

    Any units and individuals shall, upon discovering criminal facts or
criminal suspects, have the right and duty to make a report on a case or to
give information of a case to a public security organ, people’s procuratorate
or people’s court.

    The victim has the right to report the case to or lodge their
complaints with the public security organ, people’s procuratorate or people’s
court in respect of the infringement on their personal or property rights.

    Public security organ, people’s procuratorate or people’s court shall
accept the report on a case or complaint or the information of a case,
which, if not coming within their own jurisdiction, shall be referred to the
competent organs for disposal, and the reporter of a case, complainant,
informer shall be notified accordingly; and which, meriting emergent measures
though not coming within their own jurisdiction, shall be handled with
emergent measures before they are referred to the competent organs.

    In case offenders present themselves before the public security organs,
people’s procuratorates or people’s courts, the stipulations of Paragraph 3
shall apply.

    37. Article 60 is renumbered Article 85, and Paragraph 3 is amended as:

    Public security organs, people’s procuratorates or people’s courts shall
guarantee the safety of reporter of a case, complainant, informer and their
near relatives, and shall keep them confidential, if a case reporter,
complainant or informer do not wish to make open to the public their names
and the acts to make report, accuse and give information.

    38. Two articles are added after Article 61 to make Articles 87 and 88:

    Article 87  Where a people’s procuratorate finds that a case which
should be filed with a public security organ for investigation has not been
filed for investigation, or it is submitted to a people’s procuratorate by
the victim that the case should be filed with a public security
organ for investigation