The Standing Committee of the National People’s Congress
Criminal Procedure Law of the People’s Republic of China
March 17, 1996
(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, Revised in according with the Decision on
Revising the Criminal Procedure Law of the People’s Republic of China adopted at the Forth Session of the Eighth National People’s
Congress on March 17, 1996)
ContentsPart One General Provisions
Chapter I Aim and Basic Principles
Chapter II Jurisdiction
Chapter III Withdrawal
Chapter IV Defence and Representation
Chapter V Evidence
Chapter VI Compulsory Measures
Chapter VII Incidental Civil Actions
Chapter VIII Time Periods and Service
Chapter IX Other Provisions
Part Two Filing a Case, Investigation, and Initiation of Public Prosecution
Chapter I Filing a Case
Chapter II Investigation
Section 1 General Provisions
Section 2 Interrogation of the Criminal Suspect
Section 3 Questioning of the Witnesses
Section 4 Inquest and Examination
Section 5 Search
Section 6 Seizure of Material Evidence and Documentary Evidence
Section 7 Expert Evaluation
Section 8 Wanted Orders
Section 9 Conclusion of Investigation
Section 10 Investigation of Cases Directly Accepted by the People’s Procuratorates
Chapter III Initiation of Public Prosecution
Part Three Trial
Chapter I Trial Organizations
Chapter II Procedure of First Instance
Section 1 Cases of Public Prosecution
Section 2 Cases of Private Prosecution
Section 3 Summary Procedure
Chapter III Procedure of Second Instance
Chapter IV Procedure for Review of Death Sentences
Chapter V Procedure for Trial Supervision
Part Four Execution
Supplementary Provisions
Part One General Provisions
Chapter I Aim and Basic Principles
Article 1
This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing
crimes, protecting the people, safeguarding State and public security and maintaining socialist public order.
Article 2
The aim of the Criminal Procedure Law of the People’s Republic of China is: to ensure accurate and timely ascertainment of facts about
crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal
responsibility; to enhance the citizens’ awareness of the need to abide by law and to fight vigorously against criminal acts in order
to safeguard the socialist legal system, to protect the citizens’ personal rights; their property rights, democratic rights and other
rights; and to guarantee smooth progress of the cause of socialist development.
Article 3
The public security organs shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal
cases. The People’s Procuratorates shall be responsible for procuratorial work, authorizing approval of arrests, conducting investigation
and initiating public prosecution of cases directly accepted by the procuratorial organs. The People’s Courts shall be responsible
for adjudication. Except as otherwise provided by law, no other organs, organizations or individuals shall have the authority to
exercise such powers.
In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must strictly
observe this Law and any relevant stipulations of other laws.
Article 4
State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions
and powers as the public security organs.
Article 5
The People’s Courts shall exercise judicial power independently in accordance with law and the People’s Procuratorates shall exercise
procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public
organization or individual.
Article 6
In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must rely on the
masses, base themselves on facts and take law as the criterion. The law applies equally to all citizens and no privilege whatsoever
is permissible before law.
Article 7
In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs shall divide responsibilities,
coordinate their efforts and check each other to ensure the correct and effective enforcement of law.
Article 8
The People’s Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings.
Article 9
Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People’s
Courts, the People’s Procuratorates and the public security organs shall provide translations for any party to the court proceedings
who is not familiar with the spoken or written language commonly used in the locality.
Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area,
court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents
shall be issued in the written language commonly used in the locality.
Article 10
In trying cases, the People’s Courts shall apply the system whereby the second instance is final.
Article 11
Cases in the People’s Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall have the right to
defence, and the People’s Courts shall have the duty to guarantee his defence.
Article 12
No person shall be found guilty without being judged as such by a People’s Court according to law.
Article 13
In trying cases, the People’s Courts shall apply the system of people’s assessors taking part in trials in accordance with this Law.
Article 14
The People’s Courts, the People’s Procuratorates and the public security organs shall safeguard the procedural rights to which participants
in proceedings are enpost_titled according to law.
In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may
be notified to be present at the time of interrogation and trial.
Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe
on their citizen’s procedural rights or subject their persons to indignities.
Article 15
In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken,
the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared:
(1)
if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime;
(2)
if the limitation period for criminal prosecution has expired;
(3)
if an exemption of criminal punishment has been granted in a special amnesty decree;
(4)
if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint
has been withdrawn;
(5)
if the criminal suspect or defendant is deceased; or
(6)
if other laws provide an exemption from investigation of criminal responsibility.
Article 16
Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.
If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those
cases shall be resolved through diplomatic channels.
Article 17
In accordance with the international treaties which the People’s Republic of China has concluded or acceded to or on the principle
of reciprocity, the judicial organs of China and that of other countries may request judicial assistance from each other in criminal
affairs.
Chapter II Jurisdiction
Article 18
Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.
Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations
of a citizen’s personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal
search and crimes involving infringement of a citizen’s democratic rights — committed by State functionaries by taking advantage
of their functions and powers — shall be placed on file for investigation by the People’s Procuratorates. If cases involving other
grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the People’s
Procuratorates, they may be placed on file for investigation by the People’s Procuratorates upon decision by the People’s Procuratorates
at or above the provincial level.
Cases of private prosecution shall be handled directly by the People’s Courts.
Article 19
The Primary People’s Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases
which fall under the jurisdiction of the People’s Courts at higher levels as stipulated by this Law shall be exceptions.
Article 20
The Intermediate People’s Courts shall have jurisdiction as courts of first instance over the following criminal cases:
(1)
counterrevolutionary cases and cases endangering State security;
(2)
ordinary criminal cases punishable by life imprisonment or the death penalty; and
(3)
criminal cases in which the offenders are foreigners.
Article 21
The Higher People’s Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire
province (or autonomous region, or municipality directly under the Central Government).
Article 22
The Supreme People’s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole
nation.
Article 23
When necessary, People’s Courts at higher levels may try criminal cases over which People’s Courts at lower levels have jurisdiction
as courts of first instance; If a People’s Court at a lower level considers the circumstances of a criminal case in the first instance
to be major or complex and to necessitate a trial by a People’s Court at a higher level, it may request that the case be transferred
to the People’s Court at the next higher level for trial.
Article 24
A criminal case shall be under the jurisdiction of the People’s Court in the place where the crime was committed. If it is more appropriate
for the case to be tried by the People’s Court in the place where the defendant resides, then that court may have jurisdiction over
the case.
Article 25
When two or more People’s Courts at the same level have jurisdiction over a case, it shall be tried by the People’s Court that first
accepted it. When necessary the case may be transferred for trial to the People’s Court in the principal place where the crime was
committed.
Article 26
A People’s Court at a higher level may instruct a People’s Court at a lower level to try a case over which jurisdiction is unclear
and may also instruct a People’s Court at a lower level to transfer the case to another People’s Court for trial.
Article 27
The jurisdiction over cases in special People’s Courts shall be stipulated separately.
Chapter III Withdrawal
Article 28
In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw,
and the parties to the case and their legal representatives shall have the right to demand his withdrawal:
(1)
if he is a party or a near relative of a party to the case;
(2)
if he or a near relative of his has an interest in the case;
(3)
if he has served as a witness, expert witness, defender or agent ad litem in the current case; or
(4)
if he has any other relations with a party to the case that could affect the impartial handling of the case.
Article 29
Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons
entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the
parties.
Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility.
The parties to the case and their legal representatives shall have the right to request him to withdraw.
Article 30
The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court, the chief procurator,
and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court’s judicial
committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial
committee of the People’s Procuratorate at the corresponding level.
An investigator may not suspend investigation of a case before a decision is made on his withdrawal.
If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration
once.
Article 31
The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.
Chapter IV Defence and Representation
Article 32
In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two persons as his defenders.
The following persons may be entrusted as defenders:
(1)
lawyers;
(2)
persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and
(3)
guardians or relatives and friends of the criminal suspect or the defendant.
Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve
as defenders.
Article 33
A criminal suspect in a case of public prosecution shall have the right to entrust persons as his defenders from the date on which
the case is transferred for examination before prosecution. A defendant in a case of private prosecution shall have the right to
entrust persons as his defenders at any time.
A People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination
before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders. A People’s Court shall,
within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust
persons as his defenders.
Article 34
If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to be his defender
due to financial difficulties or other reasons, the People’s Court may designate a lawyer that is obligated to provide legal aid
to serve as a defender.
If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People’s Court
shall designate a lawyer that is obligated to provide legal aid to serve as a defender.
If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the
People’s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.
Article 35
The responsibility of a defender shall be to present, according to the facts and law, materials and opinions proving the innocence
of the criminal suspect or defendant, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal
responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the defendant.
Article 36
Defence lawyers may, from the date on which the People’s Procuratorate begins to examine a case for prosecution, consult, extract
and duplicate the judicial documents pertaining to the current case and the technical verification material, and may meet and correspond
with the criminal suspect in custody. Other defenders, with permission of the People’s Procuratorate, may also consult, extract and
duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody.
Defence lawyers may, from the date on which the People’s Court accepts a case, consult, extract and duplicate the material of the
facts of the crime accused in the current case, and may meet and correspond with the defendant in custody. Other defenders, with
permission of the People’s Court, may also consult, extract and duplicate the above-mentioned material, and may meet and correspond
with the defendant in custody.
Article 37
Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collect information pertaining to
the current case from them and they may also apply to the People’s Procuratorate or the People’s Court for the collection and obtaining
of evidence, or request the People’s Court to inform the witnesses to appear in court and give testimony.
With permission of the People’s Procuratorate or the People’s Court and with the consent of the victim, his near relatives or the
witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.
Article 38
Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or falsify evidence or
to tally their confessions, and shall not intimidate or induce the witnesses to modify their testimony or give false testimony or
conduct other acts to interfere with the proceedings of the judicial organs.
Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.
Article 39
During a trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another defender.
Article 40
A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an incidental civil action and
his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right
to entrust agents ad litem. A private prosecutor in a case of private prosecution and his legal representatives, and a party in an
incidental civil action and his legal representatives shall have the right to entrust agents ad litem at any time.
The People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination
before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action
and his legal representatives that they have the right to entrust agents ad litem. The People’s Court shall, within three days from
the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in
an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.
Article 41
With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.
Chapter V Evidence
Article 42
All facts that prove the true circumstances of a case shall be evidence.
There shall be the following seven categories of evidence:
(1)
material evidence and documentary evidence;
(2)
testimony of witnesses;
(3)
statements of victims;
(4)
statements and exculpations of criminal suspects or defendants;
(5)
expert conclusions;
(6)
records of inquests and examination; and
(7)
audio-visual materials.
Any of the above evidence must be verified before it can be used as the basis for deciding cases.
Article 43
Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various kinds of evidence that
can prove the criminal suspect’s or defendant’s guilt or innocence and the gravity of his crime. It shall be strictly forbidden to
extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed
for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish
evidence and, except in special circumstances, they may be brought in to help the investigation.
Article 44
The public security organ’s requests for approval of arrest, the People’s Procuratorate’s bills of prosecution and the People’s Court’s
written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.
Article 45
The People’s Courts, the People’s Procuratorates and the public security organs shall have the authority to collect or obtain evidence
from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.
Evidence involving State secrets shall be kept confidential.
Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under
law.
Article 46
In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral
statements. A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence;
the defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his
statement.
Article 47
The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined
in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders, and after the testimonies
of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally
given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law.
Article 48
All those who have information about a case shall have the duty to testify.
Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves
shall not be qualified as witnesses.
Article 49
The People’s Courts, the People’s Procuratorates and the public security organs shall insure the safety of witnesses and their near
relatives.
Anyone who intimidates, humiliates, beats or retaliates against a witness or his near relatives, if his act constitutes a crime, shall
be investigated for criminal responsibility according to law; if the case is not serious enough for criminal punishment, he shall
be punished for violation of public security in accordance with law.
Chapter VI Compulsory Measures
Article 50
The People’s Courts, the People’s Procuratorates and the public security organs may, according to the circumstances of a case, issue
a warrant to compel the appearance of the criminal suspect or defendant, order him to obtain a guarantor pending trial or subject
him to residential surveillance.
Article 51
The People’s Courts, the People’s Procuratorates and the public security organs may allow criminal suspects or defendants under any
of the following conditions to obtain a guarantor pending trial or subject them to residential surveillance:
(1)
They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or
(2)
They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are allowed to obtain
a guarantor pending trial or are placed under residential surveillance.
The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor pending trial
or on subjecting him to residential surveillance.
Article 52
A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining
a guarantor pending trial.
Article 53
If the People’s Courts, the People’s Procuratorates or the public security organs decide to allow a criminal suspect or defendant
to obtain a guarantor pending trial, they shall order the criminal suspect or defendant to provide a guarantor or pay guaranty money.
Article 54
A guarantor must be a person who meets the following conditions:
(1)
to be not involved in the current case;
(2)
to be able to perform a guarantor’s duties;
(3)
to be enpost_titled to political rights and not subjected to restriction of personal freedom; and
(4)
to have a fixed domicile and steady income.
Article 55
A guarantor shall perform the following duties:
(1)
to see to it that the person under his guarantee observes the provisions of Article 56 of this Law; and
(2)
to promptly report to the executing organ when finding that the person under his guarantee may commit or has already committed acts
in violation of the provisions of Article 56 of this Law.
If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions
of Article 56 of this Law, he shall be fined. If the case constitutes a crime, criminal responsibility shall be investigated according
to law.
Article 56
A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions:
(1)
not to leave the city or county where he resides without permission of the executing organ;
(2)
to be present in time at a court when summoned;
(3)
not to interfere in any form with the witness when the latter gives testimony; and
(4)
not to destroy or falsify evidence or tally confessions.
If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph,
the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant
shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or shall be subjected to residential
surveillance or arrested. If a criminal suspect or defendant is found not to have violated the provisions in the preceding paragraph
during the period when he has obtained a guarantor pending trial, the guaranty money shall be returned to him at the end of the period.
Article 57
A criminal suspect or defendant under residential surveillance shall observe the following provisions:
(1)
not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the designated residence
without permission;
(2)
not to meet with others without permission of the executing organ;
(3)
to be present in time at a court when summoned;
(4)
not to interfere in any form with the witness when the latter gives testimony; and
(5)
not to destroy or falsify evidence or tally confessions.
If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if the case
is serious, he shall be arrested.
Article 58
The period granted by a People’s Court, People’s Procuratorate or public security organ to a criminal suspect or defendant for awaiting
trial after obtaining a guarantor shall not exceed twelve months; the period for residential surveillance shall not exceed six months.
During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential
surveillance, investigation, prosecution and handling of the case shall not be suspended. If it is discovered that the criminal suspect
or the defendant should not be investigated for criminal responsibility or when the period for awaiting trial after obtaining a guarantor
or the period of residential surveillance has expired, such period shall be terminated without delay. The person who has obtained
a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.
Article 59
Arrests of criminal suspects or defendants shall be subject to approval by a People’s Procuratorate or decision by a People’s Court
and shall be executed by a public security organ.
Article 60
When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of
not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending trial or placing him under residential
surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating his arrest, the criminal suspect
or defendant shall be immediately arrested according to law.
If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own
baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential surveillance.
Article 61
Public security organs may initially detain an active criminal or a major suspect under any of the following conditions:
(1)
if he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime;
(2)
if he is identified as having committed a crime by a victim or an eyewitness;
(3)
if criminal evidence is found on his body or at his residence;
(4)
if he attempts to commit suicide or escape after committing a crime, or he is a fugitive;
(5)
if there is likelihood of his destroying or falsifying evidence or tallying confessions;
(6)
if he does not tell his true name and address and his identity is unknown; and
(7)
if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.
Article 62
When a public security organ is to detain or arrest a person in another place, it shall inform the public security organ in the place
where the person to be detained or arrested stays, and the public security organ there shall cooperate in the action.
Article 63
The persons listed below may be seized outright by any citizen and delivered to a public security organ, a Peopl
Category |
LITIGATION |
Organ of Promulgation |
The National People’s Congress |
Status of Effect |
In Force |
Date of Promulgation |
1996-03-17 |
Effective Date |
1997-01-01 |
|
|
Criminal Procedure Law of the People’s Republic of China [1996] |
Contents Chapter I Aim and Basic Principles Chapter II Jurisdiction Chapter III Withdrawal Chapter IV Defense and Procuration Chapter V Evidence Chapter VI Compulsory Measures Chapter VII Incidental Civil Actions Chapter VIII Time Periods and Service Chapter IX Other Provisions Chapter I Filing a Case Chapter II Investigation Chapter III Initiation of Public Prosecution Chapter I Trial Organizations Chapter II Procedure of First Instance Chapter III Procedure of Second Instance Chapter IV Procedure for Review of Death Sentences Chapter V Procedure for Trial Supervision Supplementary Provisions (Adopted at the Second Session of the Fifth National People’s Congress on
July 1, 1979, revised in accordance with the Decision on Amendments of the Criminal Procedure Law of the People’s Republic of China adopted at the Fourth Session of the Eighth National People’s Congress on March 17, 1996) Contents
Part One General Provisions
Chapter I Aim and Basic Principles
Chapter II Jurisdiction
Chapter III Withdrawal
Chapter IV Defense and Procuration
Chapter V Evidence
Chapter VI Compulsory Measures
Chapter VII Incidental Civil Actions
Chapter VIII Time Periods and Service
Chapter IX Other Provisions
Part Two Filing a Case, Investigation and Initiation of Public Prosecution
Chapter I Filing a Case
Chapter II Investigation
Section 1 General Provisions
Section 2 Interrogation of the Criminal Suspect
Section 3 Questioning of the Witnesses
Section 4 Inquest and Examination
Section 5 Search
Section 6 Seizure of Material Evidence and Documentary Evidence
Section 7 Expert Evaluation
Section 8 Wanted Orders
Section 9 Conclusion of Investigation
Section 10 Investigation of Cases Directly Accepted by People’s
Procuratorates
Chapter III Initiation of Public Prosecution
Part Three Trial
Chapter I Trial Organizations
Chapter II Procedure of First Instance
Section 1 Cases of Public Prosecution
Section 2 Cases of Private Prosecution
Section 3 Summary Procedure
Chapter III Procedure of Second Instance
Chapter IV Procedure for Review of Death Sentences
Chapter V Procedure for Trial Supervision
Part Four Execution
Supplementary Provisions
Part One General Provisions Chapter I Aim and Basic Principles
Article 1 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.
Article 2 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.
Article 3 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.
In conducting criminal proceedings, the people’s courts, the people’s procuratorates and the public security organs must strictly observe this Law and any relevant stipulations of other laws.
Article 4 The state security organs shall, according to the stipulations of the law, handle 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.
Article 6 In conducting criminal proceedings, the people’s courts, the people’s procuratorates and the public security organs must rely on the masses, base themselves on facts and take the law as the criterion. The law applies equally to all citizens and no privilege whatsoever is permissible before the law.
Article 7 In conducting criminal proceedings, the people’s courts, the people’s procuratorates and the public security organs shall divide the responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of the law.
Article 8 The people’s procuratorates shall, according to law, exercise legal supervision over criminal lawsuits.
Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The people’s courts, the people’s procuratorates and the public security organs shall provide interpretations or translations for any party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.
Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality.
Article 10 In trying cases, the people’s courts shall apply the system whereby the second instance is final.
Article 11 Cases in the people’s courts shall be heard in public, unless otherwise provided by this Law. The accused shall have the right to defense, and the people’s courts shall have the duty to guarantee his/her defense.
Article 12 No person shall be held guilty in absence of a judgment rendered by the people’s court according to law.
Article 13 In trying cases, the people’s courts shall apply the system of people’s assessors taking part in trials in accordance with this Law.
Article 14 The people’s courts, the people’s procuratorates and the public security organs shall safeguard the procedural rights to which participants in proceedings are enpost_titled according to law.
In cases where a minor under the age of 18 commits a crime, the legal representative of the criminal suspect or the accused may be notified to be present at the time of interrogation and trial.
Participants in proceedings shall have the right to file charges against judicial, procuratorial and investigatory personnel whose acts infringe on their citizens’ procedural rights or subject their persons to indignities.
Article 15 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:
(1) If an act is obviously of minor importance, causing no serious harm, and is therefore not deemed a crime;
(2) If the limitation period for criminal prosecution has expired;
(3) If an exemption of criminal punishment has been granted in a special amnesty decree;
(4) If the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn;
(5) If the criminal suspect or the accused is deceased; or
(6) Other instances for which laws provide an exemption from investigation of criminal responsibility.
Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.
If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels.
Article 17 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. Chapter II Jurisdiction
Article 18 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.
Article 19 The basic people’s courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases which fall under the jurisdiction of the people’s courts at higher levels as stipulated by this Law shall be exceptions.
Article 20 The intermediate people’s courts shall have jurisdiction as courts of first instance over the following criminal cases:
(1) 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.
Article 21 The higher people’s courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province (or municipality directly under the Central Government, or autonomous region).
Article 22 The Supreme People’s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation.
Article 23 When necessary, people’s courts at higher levels may try criminal cases over which people’s courts at lower levels have jurisdiction as courts of first instance. If a people’s court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by a people’s court at a higher level, it may request that the case be transferred to the people’s court at the next higher level for trial.
Article 24 A criminal case shall be under the jurisdiction of the people’s court in the place where the crime was committed. If it is more appropriate for the case to be tried by the people’s court in the place where the accused resides, then that court may have jurisdiction over the case.
Article 25 When two or more people’s courts at the same level have jurisdiction over a case, it shall be tried by the people’s court that first accepted it. When necessary the case may be transferred for trial to the people’s court in the principal place where the crime was committed.
Article 26 A people’s court at a higher level may instruct a people’s court at a lower level to try a case over which jurisdiction is unclear and may also instruct a people’s court at a lower level to transfer the case to another people’s court for trial.
Article 27 The jurisdiction over cases in special people’s courts shall be stipulated separately. Chapter III Withdrawal
Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:
(1) If he/she is a party or a near relative of a party to the case;
(2) If he/she or a near relative of his/her has an interest in the case;
(3) If he/she has served as a witness, expert witness or defender in the current case or has represented a party in an incidental civil action; or
(4) If he/she has any other relations with a party to the case that could affect the impartial handling of the case.
Article 29 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/her, or shall not be allowed to meet, in violation of stipulations, the party and the persons entrusted by him/her.
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/her legal representative have the right to apply for the withdrawal of the personnel concerned.
Article 30 The withdrawal of judicial, procuratorial and investigatory personnel shall be determined respectively by the president of the court, the chief procurator, and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court’s judicial committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial committee of the people’s procuratorate at the corresponding level.
A member of the investigatory personnel may not suspend investigation of a case before a decision is made on his/her withdrawal.
In response to the decision on rejection of a party’s application for withdrawal, the party and his/her legal representative may apply for a final reconsideration.
Article 31 The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses. Chapter IV Defense and Procuration
Article 32 In addition to the exercise by himself/herself of the right to defense, the criminal suspect or the accused may entrust one or two persons as his/her 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.
Article 33 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.
Article 34 In case a public prosecutor appears in court to conduct a public prosecution while the accused has not entrusted his/her 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/her.
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/her.
In case the accused who may possibly be sentenced to death penalty does not entrust a defender, the people’s court shall designate a lawyer duty-bound to provide legal assistance to defend him/her.
Article 35 The responsibility of a defender shall be to present, according to the facts and the law, materials and opinions proving the innocence of the criminal suspect or the accused, the pettiness of his/her crime and the need for a mitigated punishment or exemption from criminal responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the accused.
Article 36 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 litigation documents, documents of technical examination, and may meet and correspond with the criminal suspect in custody. Other defenders with the permission 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.
The 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 permission of the people’s court may consult, make extracts from and reproduce the afore-said file documents, and meet and correspond with the accused in custody.
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 the people’s court for collecting or obtaining by order the evidence, or apply to the people’s court for notifying witnesses to testify in the court.
The defense lawyer, with the permission of the people’s procuratorate or people’s court, may with the consent of the victim, his/her 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 or give false 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.
Article 39 During a trial, the accused may refuse to have his/her defender continue to defend him/her and may entrust his/her defense to another defender.
Article 40 The victim and his/her 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/her legal representative in private prosecution, the parties and their legal representatives in an incidental civil action have the right to entrust agents ad litem at any time.
The people’s procuratorates shall, within three days from the day of receiving the file of the case submitted for examination and prosecution, inform the victim and his/her 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/her 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. Chapter V Evidence
Article 42 All facts that prove the true circumstances of a case shall be evidence.
There shall be the following six categories of evidences:
(1) material evidence and documentary evidence;
(2) testimony of witnesses;
(3) statements of victims;
(4) statements and exculpation of criminal suspects or the accused;
(5) expert conclusions;
(6) records of inquests and examination; and
(7) video and audio materials.
Any of the above evidence must be verified before it can be used as the basis for deciding cases.
Article 43 Judicial, procuratorial and investigatory personnel must, in accordance with the legally prescribed process, collect various kinds of evidence that can prove the guilt or innocence of the criminal suspect or the accused and the gravity of his/her crime. It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to help the investigation.
Article 44 The public security organ’s request for approval of arrest, the people’s procuratorate’s bills of prosecution and the people’s court’s written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.
Article 45 The people’s courts, the people’s procuratorates and the public security organs are empowered to collect, obtain by order evidence from relevant units and individuals. The relevant units and individuals shall furnish the true evidence.
Evidence involving state secrets shall be kept confidential.
Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he/she belongs to, must be investigated under the law.
Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral statements. The accused cannot be found guilty and sentenced to a criminal punishment if there is only his/her statement but no evidence; the accused may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his/her statement.
Article 47 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and victim as well as the accused and defenders, and after the testimonies of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with the law.
Article 48 All those who have information about a case shall have the duty to testify.
Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves shall not be qualified as witnesses.
Article 49 The people’s courts, 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 imposed according to law. Chapter VI Compulsory Measures
Article 50 The people’s courts, the people’s procuratorates and the public security organs may, according to the circumstances of a case, summon by warrant the criminal suspect or the accused, or order him/her to be bailed out for summons or reside under surveillance.
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/her 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
The State Administration of Foreign Exchange
Circular of the State Administration of Foreign Exchange on Some Issues Concerning Foreign Exchange Market After Enterprises with
Foreign Investment Implemented Banking Foreign Exchange Settlement and Sale
HuiGuoHanZi [1996] No.183
June 28, 1996
Branches of the State Administration of Foreign Exchange (SAFE) in all provinces, autonomous regions, municipalities directly under
the Central Government, municipalities separately listed on the State plan and special economic zones, and the head offices of all
designated Chinese-capital foreign exchange banks, and Foreign Exchange Transaction Center of China:
In order to ensure the smooth operation of the settlement and sale of foreign exchange of enterprises with foreign investment with
the banks, we hereby make some rules concerning foreign exchange market as follows:
1.
The issues concerning the foreign exchange swap business:
(1)
Enterprises with foreign investment can buy or sell foreign exchange through the designated foreign exchange banks or through local
foreign exchange swap centers. All levels of foreign exchange swap centers can continue to conduct foreign exchange transactions
for the enterprises with foreign investment.
(2)
All levels of foreign exchange swap centers or the financial institutions as the members of China Foreign Exchange Trading System
(including branches) that adopts membership system, must check the valid documents and commercial invoices in strict accordance with
the Provisions on Administration of Settlement, Sale of and Payment in Foreign Exchange (Yinfa [1996] No.210 of the People’s Bank
of China) (hereinafter referred to as Provisions). The details are as follows:
a.
For the foreign exchange sale application, it should be differentiated between the foreign exchange settlement account and the foreign
exchange special account first. As for the foreign exchange special account, it should be conducted with the approval of the SAFE.
b.
For the foreign exchange purchase application, it should be conducted according to the following rules:
For the current account foreign exchange demand, the enterprises should hold corresponding valid documents and commercial invoices
respectively according to Article 13 , 14, 15, 16, 18, 21, and 22 of the Regulations. The foreign exchange swap centers or entrusted
financial institutions shall transfer the foreign exchange to the enterprises’ foreign exchange settlement account. But it should
be conducted within 7 working days, and be subject to the foreign exchange settlement account balance limit.
For the capital account foreign exchange demand, the enterprises should hold corresponding documents and approval of the SAFE respectively
according to Article 29 , 30, 31, of the Regulations. The foreign exchange swap centers or entrusted financial institutions shall
transfer the foreign exchange to the enterprises’ foreign exchange special account.
c.
When the swap centers or entrusted financial institutions conduct foreign exchange transactions, they should indicate the trade volume
and date on the original valid documents submitted by the enterprises and stamp, and keep the copy of the valid documents and commercial
invoices for further check. The original valid documents and commercial invoices should be kept by the financial institutions that
conduct foreign exchange transactions for the enterprises.
2.
The settlement time of the foreign exchange market
The settlement time of foreign exchange transactions on the national inter-bank foreign exchange market adopts the T+1 matter. According
to international standard, the settlement time of the settlement and sale of foreign exchange with the designated foreign exchange
banks also adopts the T+1 matter, which is uniform with the inter-bank foreign exchange market.
3.
The band of the inter-bank foreign exchange market and the bank quoted rate
The People’s Bank of China shall continue to announce the daily middle exchange rate for the Renminbi against the U.S. dollar, the
Hong Kong Dollar, and the Japanese yen that is the trading currency on the inter-bank foreign exchange market.
(1)
The movement of the exchange rate of the Renminbi against the U.S. dollar in the inter-bank foreign exchange market is limited to
0.3% on either side of the middle exchange rate as announced by the PBC. The buying and selling rates of the Renminbi against the
Hong Kong dollar and the Japanese yen may not deviate more than 1% from the reference rate.
(2)
When the designated foreign exchange banks formulate the quoted exchange rate of the Renminbi against the U.S. dollar, the buying
and selling rates could not exceed 0.15% of the reference rate announced by the PBC. The deviation of their quoted buying and selling
rate of Renminbi against the Hong Kong dollar and the Japanese yen must not exceed 1% of the reference rate. Otherwise, it must be
reported to the SAFE timely for record. The margin between the buying and selling rate of other currencies may not exceed 0.5%. The
selling price for cash transactions is the same as the spot selling rate for all quoted currencies, and the buying price for cash
should not exceed 2.5% of its spot rate. All levels of SAFE must strengthen the supervision on the bank quoted rates according to
the above band.
4.
The circular shall entr into force as of the issuing date.
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