中华人民共和国刑事诉讼法2012(英文版)Criminal Procedure Law of the PRC 2012

烟台大学法学院

法律硕士张川方

中华人民共和国刑事诉讼法

Criminal Procedure Law of the People’s Republic of China

Adopted at the Second Meeting of the Fifth National People’s Congress on July 1st, 1979 Amended for the first time according to the Decision on the Amendment of the Criminal Procedure Law of the People’s Republic of China at the Fourth Meeting of the Eighth National People’s Congress on March 17th, 1996

Amended for the second time according to the Decision on the Amendment of the Criminal Procedure Law of the People’s Republic of China at the Fifth Meeting of the Eleventh National People’s Congress on March 14th, 2012

Part I General Provisions

C-I Aim and Basic Principles

Article 1

This Law is enacted(制定) in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, so as to punish crimes, protect the people, safeguard the State and public security and maintain the socialist public order(社会主义社会秩序). 2012-5-11 15:16:53

Article 2

The aim of the Criminal Procedure Law of the People's Republic of China is to ensure accurate and timely ascertainment of the facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal responsibility(刑事追究),so as to enhance citizens' awareness of the need to abide by law and to fight vigorously against(积极作斗争)criminality, safeguard the socialist legal system(社会主义法制), respect and safeguard human rights, protect citizens' personal rights, property rights, democratic rights and other rights and to guarantee the smooth progress of the cause of socialist construction.

Article 3

(1) The public security organ(公安机关) shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal cases. The people’s procuratorate(检察机关)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(审判). No other organs, organizations or individuals shall have the authority to exercise such powers, except as otherwise provided by law.

(2) In conducting criminal proceedings(刑事诉讼), the people’s courts, the people’s procuratorates and the public security organs must strictly observe this Law and other laws concerned.

Article 4

State security organs shall, in accordance with law, handle cases of crimes(刑事案件)that endanger State security, performing the same functions and powers as the public security organs. Article 5

The people’s court shall exercise judicial power(审判权)independently in accordance with law

accordance with law, and they shall be free from interference by any administrative organ, public organization or individual.

Article 6

(1) In conducting criminal proceedings, the people’s court, the people’s procuratorate and the public security organ must rely on the mass; base themselves on facts and take law as the criterion.

(2) The law applies equally to all citizens and no privilege whatsoever (任何特权)is permissible before law.

Article 7

In conducting criminal proceedings, the people’s court, the people’s procuratorate and the public security organ shall divide the responsibility(分工负责), coordinate their efforts(互相配合), and check each other(互相制约)to ensure the correct and effective enforcement of law.

Article 8

The people’s procuratorate shall, in accordance with law, exercise legal supervision over criminal proceedings.

Article 9

(1) Citizens of all ethnics shall have the right to use their native spoken and written languages in court proceedings(进行诉讼).

(2) The people’s court, the people’s procuratorate and the public security organ shall provide translation service for any party to court proceedings(诉讼参与人)who is not familiar with the spoken or written language commonly used in the locality(当地).

(3) Where people of a minority group live in a concentrated community(聚居) or where a number of peoples live together in one area, court hearings(审讯) 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 court shall apply the system whereby the second instance is final.

Article 11

(1) Cases in the people’s court(人民法院审判案件)shall be heard in public, unless otherwise provided by this Law.

(2) A defendant shall have the right of defence(获得辩护), and the people’s court shall have the duty to guarantee his right thereof.

Article 12

No person shall be found guilty without being judged(未经判决)as such by the people’s court according to law.

Article 13

In trying cases, the people’s court shall apply the system of people's assessors(人民陪审员) taking part in trials(陪审) in accordance with this Law.

Article 14

(1) The people’s court, the people’s procuratorate and the public security organ shall safeguard the procedural rights(诉讼权利)to which participants in court proceedings are entitled according to law.

(2) Participants in court proceedings shall have the right to file charges against(起诉) judges, procurators and investigators whose acts infringe on their procedural rights or subject their persons to indignities(侮辱人身).

Article 15

In any of the following circumstances, no criminal responsibility shall be investigated(追究刑事责任). If investigation has already been undertaken(已经追究), the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated(终止审理), or innocence shall be declared(宣告无罪).

(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(特赦令);

(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

(1) Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.

(2) If foreigners with diplomatic privileges(外交特权) and immunities(豁免权) commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels(外交途径).

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(互惠原则), the judicial organs of China and that of other countries may request from each other judicial assistance in criminal affairs(刑事司法协助).

C-II Jurisdiction

Article 18

(1) Investigation in criminal cases shall be conducted by the public security organ, except as otherwise provided by law.

(2) Crimes of embezzlement and bribery(贪污贿赂), crimes of dereliction of duty(渎职) committed by State functionaries(国家工作人员), and crimes involving violation of a citizen's personal rights(人身权利) such as illegal detention(非法拘禁), extortion of confessions by torture(刑讯逼供), retaliation, frame-up(陷害)and illegal search and involving infringement of a citizen's democratic rights committed by State functionaries by taking advantage of their functions and powers(职权), shall be placed on file for investigation (立案侦查)by the people’s procuratorate.

(3) 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 procuratorate, they may be

procuratorate at or above the provincial level.

(4) Cases of private prosecution shall be handled directly by the people’s court.

Article 19

The Primary people’s court shall have jurisdiction as the court of first instance(一审法院)over ordinary criminal cases. However, those cases which fall under the jurisdiction(管辖范围内)of the people’s court at higher levels as stipulated by this Law shall be exceptions.

Article 20

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

(1) cases endangering the state security and cases involving terrors(恐怖活动案件);

(2)ordinary criminal cases punishable by life imprisonment(无期徒刑) or death penalty(死刑).

Article 21

The higher people’s court shall have jurisdiction as the court 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(全国性的).

Article 23

(1) When necessary, the people’s court at a higher level may try criminal cases over which the people’s court at a lower level has jurisdiction as the court of first instance;

(2) If the 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 the 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(上一级)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(可以管辖).

Article 25

(1) When two or more (几个)people’s courts at the same level have jurisdiction over a case, it shall be tried by the people’s court that first(最初) accepted it.

(2) When necessary the case may be transferred for trial to the people’s court in the principal place(主要犯罪地)where the crime was committed.

Article 26

The people’s court at a higher level may instruct(指定) the people’s court at a lower level to try a case over which jurisdiction is unclear (审判管辖不明)and may also instruct the people’s court at a lower level to transfer the case to another(其他)people’s court for trial.

Article 27

The jurisdiction over cases in special people’s courts(专门人民法院)shall be stipulated separately(另行规定).

C-III Withdrawal

Article 28

In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw(自行回避), and the parties to the case and their legal representatives shall have the right to demand his withdrawal(他们回避).

(1) if he is a party or a close relative thereof to the case;

(2) if he or a close relative of his has an interest (有利害关系)in the case;

(3) if he has served as a witness, appraiser, defender or agent ad litem(诉讼代理人)in the current case; or

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

Article 29

(1) 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(其委托的人)and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the parties.

(2) 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

(1) The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court(院长), the chief procurator(检察长), and the head(负责人)of the public security organ;

(2) The withdrawal of the president of the court shall be determined by the court's judicial committee(法院审判委员会). And the withdrawal of the chief procurator or the head of the public security organ shall be determined by the procuratorial committee(检察委员会)of the people’s procuratorate at the corresponding level(同级的).

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

(4) 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

(1) The provisions on withdrawal in this chapter shall apply to court clerks(书记员), interpreters and appraisers.

(2) A defender or an agent ad litem may, according to the provisions of this chapter, demand withdrawal and apply for reconsideration.

C-IV Defence and Representation

Article 32

entrust one or two persons as his defenders. The following persons may be entrusted as defenders:

(a) lawyers;

(b) persons recommended by a public organization(人民团体) or the unit to which the criminal suspect or the defendant belongs; and

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

(2) Persons who are under criminal punishment or whose personal freedom(人身自由)is deprived of or restricted according to law shall not serve as defenders.

Article 33

(1) A criminal suspect shall have the right to entrust persons as defenders from the date on which the investigatory organ conduct interrogation or take mandatory measures against him for the first time. During the period of investigation, only lawyers may be entrusted as defenders. Defendants shall be entitled to entrust defenders at any moment.

(2) The investigatory organ shall inform the criminal suspect of his right to entrust defenders when it conducts interrogation or takes mandatory measures against him for the first time. The people’s procuratorate shall do so within 3 days as of the day it receives the file record of a case(案件材料)transferred for examination before prosecution(移送审查起诉).The people’s court shall inform the defendant of his right to entrust a defender within 3 days from the day it entertains the case. Where a criminal suspect or a defendant under detention requires entrusting defenders, the people’s court, the people’s procuratorate and the public security organ shall forward his request promptly.

(3) Where a criminal suspect or a defendant is in custody, his guardians or close relatives may entrust defenders for him.

(4) Defenders who accept entrust of the criminal suspect or the defendant shall notify promptly the relevant organs dealing with the case.

Article 34

(1) If a criminal suspect or a defendant has not entrusted any defender due to financial difficulties(经济困难)or other reasons, he or his close relatives may file an application with the legal aid agency for help. To those who meet the requirements for legal aids, the legal aid agency shall designate lawyers (指派律师)as their defenders.

(2) If a criminal suspect or a defendant is blind, deaf or mute, or suffers from psychosis so that he does not lose his ability completely to identify or control his behaviors and has not entrusted any defender, the people’s court, the people’s procuratorate and the public security organ shall notify the legal aid agency to designate a lawyer as his defender.

(3) Where there is possibility that a criminal suspect or defendant be sentenced to life imprisonment or death so that he has not entrusted any defender, the people’s court, the people’s procuratorate and the public organ shall notify the legal aid agency to designate a lawyer as his 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(罪轻)and the need for a mitigated punishment or exemption from criminal responsibility, thus

The defence lawyer may, during the period of investigation, provide legal aids for the criminal suspect, represent him to appeal or accuse(申诉、控告), apply to change the mandatory measures against the suspect, learn from the investigatory organ of relevant information(有关情况)about the case and the possible accusation the suspect may involve in and bring forward his own opinions. Article 37

(1) The defence lawyer may meet and correspond with the criminal suspect or defendant in custody. Other defenders may do so upon the permission of the people’s court or the people’s procuratorate.

(2) If the defence lawyer holding a lawyer’s practice certificate, a certificate issued by a law firm or an official letter issued by the legal aid agency(法律援助公函)request to meet the criminal suspect or defendant, the detention center shall arrange the interview within 48 hours.

(3) To meet a criminal suspect who is involved in endangering the state security, terrorist activities or particularly major bribery during the investigation, the defence lawyer shall obtain the permission of the investigation organ(侦查机关). With regard to the above-mentioned cases, the investigation organ shall notify the house of detention(看守所) in advance.

(4) When meeting the criminal suspect or defendant in custody, the defence lawyer may find out the relevant facts about the case and provide law-counseling service(法律咨询); he may verify the relevant evidence with the criminal suspect or defendant from the date of transferring the case for examination before prosecution. The defence lawyer shall not be monitored(被监听)when meeting the criminal suspect or defendant.

(5) Where the defence lawyer meets or corresponds with the criminal suspect or defendant who is under residential surveillance(被监视居住), the provisions of the first, third and fourth paragraph of this article shall apply.

Article 38

The defence lawyer may, from the date on which the people’s procuratorate begins to examine the case for prosecution(审查起诉), consult, extract and duplicate the file record of the current case. Other defenders, with the permission of the people’s court or the people’s procuratorate, may also consult, extract and duplicate the above-mentioned material.

Article 39

If the defender deems that the public security organ or the people’s procuratorate has not submitted the evidence materials that prove the innocence or pettiness of the crime(罪轻)of the criminal suspect or defendant during the investigation or examination for prosecution, he shall have the right to file an application with the people’s procuratorate or the people’s court for fetching(调取) them.

Article 40

The defender shall notify the public security organ or the people’s procuratorate without delay of the evidence he has collected, which may serve as the alibi(不在犯罪现场的证据)of the criminal suspect, or prove that the criminal suspect has not attained to the age of criminal responsibility or the criminal suspect is a mental patient(精神病人).

(1) The defence lawyer 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.

(2) With permission of the people’s procuratorate or the people’s court and with the consent of the victim, his close relatives or the witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.

Article 42

(1) The defender and any other person shall not help the criminal suspect or defendant to conceal, destroy or falsify evidence(伪造证据)or to tally their confessions(串供), and shall not intimidate(威胁)or induce the witnesses to give false testimony(作伪证)or conduct other acts to interfere with the proceedings of the judicial organs.

(2) Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If the defender is suspected of committing a crime(涉嫌犯罪), he shall be investigated by an investigation organ other than that which handles the case the defender undertake s(承办案件). If the suspected defender is a lawyer, the law firm he works for or the bar association(律师协会)he belongs to shall be notified.

Article 43

During a trial, the defendant may refuse to have his defendant continue to defend him为他辩护and may entrust his defence to another defender(另行委托).

Article 44

(1) A victim in a case of public prosecution, his legal representatives or close relatives, and a party in an incidental civil action(附带民事诉讼)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(自诉人)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.

(2) The people’s procuratorate shall, within three days from the date of receiving the file record of a case(案件材料)transferred for examination before prosecution, notify the victim and his legal representatives or close 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(受理自诉案件), 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 45

With regard to the entrusting of an agent ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis(参照执行).

Article 46

situations of his client obtained in the practice of being a lawyer(在执业活动中). However, he shall notify the judicial organs without delay of any information or situation that involves his client or any other person who is commiting or preparing to commit a crime that endangers the state security or the public security, or that severely harms(严重危害) the personal safety of another person.

Article 47

Where the defender or agent ad litem deems that the public security organ, the people’s procuratorate or the people’s court and their personnel(工作人员)obstruct the performing of his litigation rights, he shall have the right to file an appeal or accusation with the people’s procuratorate at the same or next higher level. The people’s procuratorate shall examine the appeal or accuation without delay; if the situations are true(情况属实), it shall notify the organ concerned to make corrections.

C-V Evidence

Article 48

(1) All materials that can be used to prove the facts of a case(案件事实)shall be evidence.

(2) Evidence shall include:

(a) material evidence;

(b) documentary evidence;

(c) testimony of witnesses;

(d) statement of victims;

(e) statement and exculpation of a criminal suspect or defendant;

(f) expert conclusions(鉴定意见);

(g) records of survey, examination, identification and investigation; and

(h) audio-visual materials and electronic data.

(3) Any of the above evidence must be verified(经过查证属实)before it can be used as the basis for deciding cases(定案).

Article 49

In public prosecution cases, the burden of proof(举证责任)that the defendant is guity shall be borne by the people’s procuratorate. In private prosecution cases, the private prosecutor(自诉人)shall assume the burden thereof.

Article 50

(1) Judges, procurators and investigators must, in accordance with the statutory process(法定程序), collect various kinds of evidence that can prove the criminal suspect's or defendant's guilt or innocence and the seriousness(情节轻重, 严重性) of his crime.

(2) It shall be strictly forbidden(严禁)to extort confessions by torture(刑讯逼供)and to collect evidence by threat, enticement(引诱), deceit or other unlawful means. Nobody shall be forced to attest his own guilt(自证其罪).

(3) Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case(案情) to objectively and fully furnish evidence and, except in special circumstances, they may be brought in(吸收)to assist the investigation(协助调查). Article 51

procuratorate's bills of prosecution(起诉书)and the people’s court's written judgments(判决书) must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.

Article 52

(1) The people’s court, the people’s procuratorate and the public security organ shall have the authority to collect or obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.

(2) Such evidence materials as material evidence, documentary evidence, audio-visual materials(视听资料) and electronic data collected by the administrative organ in the process of law enforcement and investigating and handling cases may be used as evidence in criminal proceedings(在刑事诉讼中).

(3) Evidence involving State secrets, business secrets and personal privacy shall be kept confidential.

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

Article 53

(1) In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given(不轻信) to oral statements(口供). A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement(被告人供述) but no evidence. A defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable(确实、充分), even without his statement.

(2) Sufficient and reliable evidence shall meet the following requirement:

(a) all the facts on which a crime and the criminal punishment have been based have the relevant evidence to support;

(b) all the evidence on which a case is determined has been verified to be true by way of legally prescribed procedure;

(c) by combining all the evidence in the case(全案证据) together, all the facts determined have been beyond reasonable doubt(排除合理怀疑).

Article 54

(1) Confessions of the criminal suspect or defendant extorted by torture or other illegal means, testimonies of the witness and statements of the victim collected by violence, threat or other illegal methods shall be excluded. Where the material evidence or documentary evidence is obtained against the legally prescribed procedure, which may severely impair the judicial impartiality(司法公正), supplements and corrections, or reasonable explanations shall be made; if the above-mentioned measures can not be taken, the said evidence shall be excluded.

(2) In the process of investigation, examination for prosecution(审查起诉) or trial, if any evidence that should be excluded is founded, such evidence shall be excluded and shall not serve as the basis of prosecution opinions(起诉意见), prosecution decision and judgement.

Article 55

Where the people’s procuratorate receives a case, accusation or report that or finds that any investigator has collected evidence by illegal means, it shall conduct an investigation and check. If

constituted, criminal responsibility shall be investigated.

Article 56

(1) If, during a trial, the judge deems that a circumstance of collecting evidence by illegal means as prescribed in Article 54 of this Law exists, a court inquisition(法庭调查)on the validity of the evidence collection shall be conducted

(2) The party and his defender or agent ad litem shall have the right to file an application with the people’s court according to law for the exclusion of evidence(依法予以排除)collected by illegal means. To do so, relevant clues or materials shall be provided

Article 57

(1) In the court inquisition on the validity of the evidence collection, the people’s procuratorate shall bear the burden of proof that the evidence collection is legal.

(2) If the validity of the evidence collection can not be proved by the evidence materials in existence(现有的), the people’s procuratorate may apply to the people’s court for notifying the relevant investigators or other persons to appear in court and make statements(出庭说明情况); the people’s court may approve the application. Upon notice of the people’s court, the relevant persons shall appear in court. The relevant investigators or other persons may also demand to appear in court and make statements.

Article 58

If, after the court inquisition(法庭审理), the circumstances of collecting evidence by illegal means as specified in Article 54 of this Law are confirmed or cannot be excluded, the relevant evidence shall be excluded.

Article 59

The testimony of a witness(证人证言)may be used as a basis in deciding a case only after the witness has been questioned, cross-examined and verified(质证)in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders. If a court discovers through investigation that(查明)a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law.

Article 60

(1) All those who have information about a case(知道案件情况) shall have the duty to testify.

(2) Physically or mentally handicapped persons or minors who cannot distinguish right from wrong(辨别是非)or properly express themselves shall not be qualified as witnesses.

Article 61

(1) The people’s court, the people’s procuratorate and the public security organ shall insure the safety of witnesses and their close relatives.

(2) Anyone who intimidates(威胁), humiliates, beats or retaliates against a witness or his close relatives, if his act constitutes a crime, shall be investigated for criminal responsibility according to law. If his act is not serious enough for criminal punishment, he shall be punished for violation of administration of public security(治安管理处罚)in accordance with law.

(1) Where the witness, appraiser or victim makes testimonies in a case of crime endangering the state security, involving terrors, committed by mafia(黑社会性质组织) or related to drug, and his personal safety or his close relatives’ is in danger, the people’s court, the people’s procuratorate and the public security organ shall adopt one or more of the following measures to protect them:

(a) not making public such personal information as the real name, address and work unit(工作单位);

(b) taking such measures as covering the appearance and real voice thereof when he makes testimonies in court;

(c) protecting the witness, appraiser, victim and their close relatives against particular persons;

(d) adopting special measures to protect the safety of the person and residence(人身和住宅);

(e) other necessary protective measures.

(2) If the witness, appraiser or victim deems that his personal safety or his close relatives’ is in danger because of making testimonies in proceedings(在诉讼中作证), he may plead to the people’s court, the people’s procuratorate or the public security organ for protection.

(3) When the people’s court, the people’s procuratorate or the public security organ is taking protective measures according to law, the relevant unit and individual shall cooperate.

Article 63

(1) A witness shall be subsidized(给予补助)for the expenses incurred in transportation, accommodation and dinning, etc. in performing his testifying obligations(作证义务). The subsidy paid to witnesses shall be listed to the expenditure(业务经费)of the judicial organ and shall be guaranteed by the finance department of the government at the same level.

(2) Where a witness who has a work unit makes testimonies, the unit shall not deduct directly or under other disguises his wage, bonus and other welfares as well as treatments(福利待遇).

C-VI Compulsory Measures

Article 64

The people’s court, the people’s procuratorate and the public security organ may, according to the circumstances of a case, issue a warrant to compel the appearance(拘传)of the criminal suspect or defendant, order him to obtain a guarantor pending trial(取保候审) or subject him to residential surveillance(监视居住).

Article 65

(1) The people’s court, the people’s procuratorate and the public security organ may allow the criminal suspect or defendant under any of the following circumstances to obtain a guarantor pending trial or subject him to residential surveillance:

(a) he may be sentenced to public surveillance(管制), criminal detention(拘役) or simply imposed with(独立适用) supplementary punishments; or

(b) he may be imposed with a punishment of fixed-term imprisonment at least(有期徒刑以上) and would not endanger society if he is allowed to obtain a guarantor pending trial.

(c) he is suffering from a serious illness or cannot manage his life independently(生活不能自理), or a woman who is pregnant or breast-feeding her baby(哺乳自己的婴儿), which may not endanger society if a guarantor pending trial is allowed;

(d) the detention period expires but the case has not been completed, where it is necessary to order him to obtain a guarantor pending trial(采取取保候审).

defendant to obtain a guarantor pending trial.

Article 66

If the people’s courts, the people’s procuratorates or the public security organs decides to allow a criminal suspect or defendant to obtain a guarantor pending trial, it shall order the criminal suspect or defendant to provide a guarantor or pay guaranty money(交纳保证金).

Article 67

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

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

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

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

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

Article 68

(1)A guarantor shall perform the following duties:

(a) to see to it that the person under his guarantee(被保证人)observes the provisions of Article 69 of this Law; and

(b) 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 69 of this Law.

(2) If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions of Article 69 of this Law, he shall be fined. If the case constitutes a crime(构成犯罪的), criminal responsibility shall be investigated according to law. Article 69

(1) A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions:

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

(b) report to the executing organ within 24 hours if his address, work unit or contact method(联系方式) has changed;

(c) to be present in time at a court(及时到案)when summoned;

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

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

(2) The people’s court, the people’s procuratorate and the public security organ may, according to the situations of the case, order the criminal suspect or defendant who has obtained a guarantor pending trial to observe one or more of the following provisions:

(a) not to enter particular places;

(b) not to meet or correspond with particular persons;

(c) not to engage in particular activities;

(d) to submit his passport or other similar certificates(等出入境证件), his driving licence(驾驶证件) to the executing organ for preservation.

(3) If the criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the two preceding paragraphs, the guaranty money paid shall be in part or totally(部分或者全部)confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant shall be ordered to write a statement of repentance(具结悔过), pay guaranty money and

(4) Where the criminal suspect or defendant violates the provisions of obtaining a guarantor pending trial and needs to be arrested, he may be kept in custody prior to arrest (先行拘留).

Article 70

(1) The amount of the guaranty money shall be decided by the organ that determines obtaining a guarantor for pending trial taking into combined consideration(综合考虑) such situations as the need to ensure the normal litigation activity(诉讼活动), the possibility for the guaranteed to endanger the society, the nature and circumstances of the case, the degree(轻重)of the possible criminal punishment and the financial situation of the guaranteed.

(2) The person who pays the guaranty money shall deposit the guaranty money into a special account(专门账户)in the bank designated by the executing organ.

Article 71

If the criminal suspect or defendant is found not to have violated the provisions of Article 69 of this Law during the period when he has obtained a guarantor pending trial, he shall go to the bank for the guaranty money refunded(退还的保证金)upon notice of release of pending trial after obtainting a guarantor or relevant legal documents.

Article 72

(1) The people’s court, the people’s procuratorate and the public security organ may subject a criminal suspect or defendant who meets the requirements of being arrested and has any of the following circumstances to residential surveillance:

(a) suffering from a serious illness or cannot manage his life independently(生活不能自理);

(b) a woman being pregnant or breast-feeding her baby;

(c) being the only supporting person(唯一扶养人)of one who cannot manage his life independently;

(d) it is more suitable to adopt the measure of residential surveillance because of the peculiarity of the case and the need to handle the case;

(e) the detention period(羁押期)has expired but the case has not been completed yet, where it is necessary to adopt the measure of residential surveillance.

(2) A criminal suspect or defendant who meets the requirements for obtaining a guarantor pending trial but can neigher bring forward a guarantor, nor pay the guaranty money, may be subjected to residential surveillance.

(3) Residential surveillance shall be executed by the public security organ.

Article 73

(1) Residential surveillance shall be executed in the domicile of the criminal suspect or defendant; if he has no such a domicile, it can be executed in a designated residence(指定的居所). If the criminal suspect or defendant has committed a crime endangering the state security, involving terrors or particularly major bribery, and the execution in his domicile may obstruct the investigation, it may also be executed in a designated residence. However, it shall not be executed in a detention place(羁押场所)or a special place for case handling(专门的办案场所).

(2) Where a residence is designated for residential surveillance, the family members of the executed shall be notified within 24 hours after the execution of the residential surveillance except that it is impossible to do so.

provisions of Article 33 of this Law shall apply.

(4) The people’s procuratorate shall supervise over the validity(合法性)of the decision and execution of the residential surveillance in a designated residence.

Article 74

The period of residential surveillance in a designated residence shall be offset against the term of criminal punishment. One day under residential surveillance shall be offset against(折抵) one day of the term of public surveillance; two days under residential surveillance shall be offset against one day of the term of criminal detention(拘役) or fixed-term imprisonment(有期徒刑).

Article 75

(1) The criminal suspect or defendant under residential surveillance shall observe the following provisions:

(a) not to leave the location where residential surveillance is executed without permission of the executing organ;

(b) not to meet with or correspond to others without permission of the executing organ;

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

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

(e) not to destroy or falsify evidence or tally confessions; and

(f) to submit the passport or other similar certificates(等出入境证件), identification certificate(身份证件)and driving licence to the executing organ for preservation.

(2) If the criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph, he may be arrested. If he needs to be arrested, he may be kept in custody prior to arrest(先行拘留).

Article 76

The executing organ may conduct an electronic control(电子监控) or irregular inspection s(不定期检查)to monitor the criminal suspect or defendant in terms of his observation of the provisions of residential surveillance. During the investigation, the correspondence of the criminal suspect who is under residential surveillance may be monitored.

Article 77

(1) The period granted by the people’s court, the people’s procuratorate or the public security organ to a criminal suspect or defendant for awaiting trial after obtaining a guarantor(取保候审) 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(审理)of the case shall not be suspended.

(2) If it is discovered that the criminal suspect or 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(取保候审)shall be terminated without delay(及时). 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 78

procuratorate or decision by the people’s court and shall be executed by the public security organ.

Article 79

(1) When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of more than fixed-term imprisonment, and if such a measures as allowing him to obtain a guarantor pending trial would be insufficient to prevent the occurrence of the following dangers to society, thus necessitating his arrest, the criminal suspect or defendant shall be immediately arrested:

(a) it is probable for him to commit a new crime;

(b) there is a real danger of endangering the state security, public security or social order;

(c) it is probable for him to destroy or falsify evidence, interfere with the witness in making testimonies, or tally confessions;

(d) it is probable for him to retaliate against the victim, reporter and accuser;

(e) attempting to commit suicide(企图自杀) or escape.

(2) A person who has been proved to commit a crime(有犯罪事实)by evidence and may be imposed a criminal punishment of not less than 10 years imprisonment, or who has been proved to commit a crime by evidence and may be imposed a criminal punishment of more than fixed-term imprisonment(徒刑以上刑罚), or who has ever committed an intentional offence, or whose identification is not clear, shall be arrested.

(3) If the criminal suspect or defendant who is subjected to obtaining a guarantor pending trial or residential surveillance violates the relevant provisions thereof, and the circumstances are serious, he may be arrested.

Article 80

Public security organs may detain prior to arrest an active criminal(现行犯)or a major suspect(重大嫌疑分子) under any of the following circumstances:

(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(指认) as having committed a crime by a victim or an eyewitness(在场证人);

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

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

(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(重大嫌疑) of committing crimes from one place to another(流窜作案), repeatedly(多次作案), or in a gang(结伙作案).

Article 81

When the public security organ is to detain or arrest(拘留、逮捕)a person in another place(异地), 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(予以配合).

Article 82

The persons listed below may be seized outright(立即抓捕) by any citizen and delivered to(立即扭送)the public security organ, the people’s procuratorate or the people’s court for handling:

(2) any person who is wanted for arrest(通缉在案);

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

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

Article 83

(1) When detaining a person, the public security organ must produce a detention warrant(拘留证).

(2) Within 24 hours after a person has been detained, he(被拘留人)shall be immediately sent to the house of detention(看守所). Except in circumstances where there is no way of notifying his family or such notification would hinder the investigation because he is involved in crimes endandering the state security or terror crimes(恐怖活动犯罪), his family shall be notified within 24 hours after he is detained. When the circumstances that hinder investigation appear, his family shall be notified immediately.

Article 84

The public security organ shall interrogate a detainee within 24 hours after his detention. If it is found that the person should not have been detained, he must be immediately released and issued a release certificate(释放证明).

Article 85

When the public security organ wishes to arrest a criminal suspect, it shall submit a written request(写出提请) for approval of arrest(批准逮捕书)together with the case file and evidence to the people’s procuratorate at the same level for examination and approval. When necessary, the people’s procuratorate may send procurators to participate in the public security organ's discussion of a major case.

Article 86

(1) The people’s procuratorate may interrogate the criminal suspect when it examines and approves an arrest; it shall interrogate the criminal suspect in any of the following circumstances:

(a) it doubts about whether the criminal suspect meets the requirements for arrest;

(b) the criminal suspect demands to make statements to the procurators face to face;

(c) the investigatory activity may involve an act that is strongly against the law.

(2) The people’s procuratorate may inqurire the witness or other participants in court proceedings(诉讼参与人)and hear the opinions of the defence lawyer when it examines and approves an arrest; where the defence lawyer puts forward any request(提出要求), it shall hear the opinions thereof.

Article 87

The chief procurator(检察长) shall make the decision on the people’s procuratorate's examination and approval of the arrest of a criminal suspect; major cases shall be submitted to the procuratorial committee for discussion and decision.

Article 88

(1) After the people’s procuratorate has examined a case with respect to which the public security organ has submitted a request for approval of arrest, it shall decide according to the circumstances of the case either to approve the arrest or disapprove the arrest.

inform the people’s procuratorate of the result without delay(及时). If the people’s procuratorate disapproves the arrest, it shall give its reasons therefor; if it deems a supplementary investigation(补充侦查)necessary, it shall at the same time notify the public security organ of the need.

Article 89

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

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

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

Article 90

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

Article 91

When making an arrest, the public security organ must produce an arrest warrant. Within 24 hours after an arrest, the family members of the arrested person or the unit to which he belongs shall be notified of the reasons for arrest and the place of custody(羁押的处所), except in circumstances where such notification would hinder the investigation or there is no way of notifying them.

Article 92

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

Article 93

After the criminal suspect or defender has been arrested, the people’s procuratorate shall continue(仍应)to examine the necessity of the detainment. If there is no need to continue the

measure(变更强制措施). Relevant organs shall notify the people’s procuratorate of the disposal results(处理情况) within 10 days.

Article 94

If the people’s court, the people’s procuratorate or the public security organ finds that the compulsory measures adopted against a criminal suspect or defendant are inappropriate, such measures shall be cancelled or modified without delay. If the public security organ releases a person arrested or substitute(变更)the measure of arrest with a different measure, it shall notify the people’s procuratorate that approved the arrest.

Article 95

The criminal suspect or defendant and his legal representative, close relative or defender shall have the right to apply the alteration of the compulsory measure(变更强制措施). The people’s court, the people’s procuratorate and the public security organ shall make a decision within 3 days after receiving the application; if the application is disapproved, the abovementioned organs shall notify the applicant and explain the reasons.

Article 96

If a case involving a criminal suspect or defendant in custody(被羁押) cannot be closed(办结)within the time limit stipulated by this Law for keeping the criminal suspect or defendant under custody for the sake of investigation(侦查羁押), for conducting examination before prosecution, or for the procedure of first or second instance, the criminal suspect or defendant shall be released. If further investigation, verification(查证) and handling are needed, the criminal suspect or defendant may be allowed to obtain a guarantor pending trial(取保候审)or subjected to residential surveillance. Article 97

(1) When the time limit prescribed by law for the compulsory measures adopted against the criminal suspect or defendant has expired, the people’s court, the people’s procuratorate, or the public security organ shall release him, terminate the period for awaiting trial after obtaining a guarantor or for residential surveillance, or take different compulsory measures according to law.

(2) If the time limit prescribed by law for the compulsory measures adopted by the people’s court, the people’s procuratorate or the public security organ has expired, the criminal suspect or defendant, his legal representatives(法定代理人), close relatives, or other defenders shall have the right to demand cancellation (要求解除)of the compulsory measures.

Article 98

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

C-VII Incidental Civil Action

Article 99

(1) If the victim has suffered material losses(物质损失) as a result of the defendant's criminal act, he shall have the right to file an incidental civil action during the course of the criminal proceeding.

close relative thereof shall have the right to bring an incidental civil action(附带民事诉讼).

(2) If losses have been caused to the state property or collective property, the people’s procuratorate may file an incidental civil action while initiating a public prosecution(提起公诉).

Article 100

When necessary, the people’s court may take measures for preservation to seal up, distrain upon or freeze the property of the defendant. The plaintiff of an incidental civil action or the people’s procuratorate may apply to the people’s court for measures for preservation. When the people’s court takes measures for preservation, it shall apply the relevant provisions of the civil procedure law.

Article 101

In hearing a case of an incidental civil action, the people’s court may conduct an intermediation(进行调解) or render a judgement or ruling according to the material losses.

Article 102

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

C-VIII Time Period and Service

Article 103

(1) A time period shall be calculated by the hour, the day and the month. The hour and day from which a time period begins shall not be counted as within the time period.

(2) A legally prescribed time period shall not include traveling time(在途时间). Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.

(3) If the last day of a time period falls in a holiday, the first day after the holiday shall be the expiration date(期满日期); but the time period for detention of a criminal suspect, defendant or criminal shall end at the expiration date and shall not be prolonged for a holiday.

Article 104

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

(2) The people’s court shall decide whether or not to approve the application described in the preceding paragraph.

Article 105

(1) Summons, notices and other litigation documents shall be delivered to the addressee himself. If the addressee is absent, the documents may be received on his behalf by an adult member of his family or the head(负责人员)of his unit.

(2) If the addressee or the recipient on his behalf refuses to accept the documents or refuses to sign or affix his seal to the receipt, the person serving the documents may ask the addressee's neighbors or other witnesses to the scene, explain the situation to them, leave the documents at the