Criminal Procedure Law of the People's Republic of China (Amended in 2018) 中华人民共和国刑事诉讼法（2018修正）

Criminal Procedure Law of the People's Republic of China (Amended in 2018)‍

中华人民共和国刑事诉讼法（2018修正）

‍

(Adopted at the Second Session of the Fifth National People's Congress on 1 July 1979, amended for the first time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Fourth Session of the Eighth National People's Congress on 17 March 1996, amended for the second time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Fifth Session of the Eleventh National People's Congress on 14 March 2012, and amended for the third time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on 26 October 2018.)

Part I General Provisions

Chapter I Aims and Basic Principles

Article 1
This Law is enacted in accordance with the Constitution and for the purposes 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 aims of the Criminal Procedure Law of the People's Republic of China are to ensure the accurate and timely ascertainment of criminal facts and correct application of law, punish criminals, ensure that innocent people are not incriminated, raise citizens' awareness of abiding by law and combating crimes, safeguard the socialist legal system, respect and protect human rights, protect the personal rights, property rights, democratic rights and other rights of citizens, and ensure smooth socialist construction.

Article 3
Public security organs shall be responsible for investigation, criminal detention, execution of arrests and preliminary inquiry in criminal cases. People's procuratorates shall be responsible for procuratorial work, approval of arrests, conducting investigation and initiating public prosecution of cases directly accepted by procuratorial authorities. People's courts shall be responsible for adjudication. Except as otherwise provided by law, no other authorities, organizations or individuals shall have the authority to exercise such power.

In conducting criminal proceedings, people's courts, people's procuratorates and public security organs must strictly observe this Law and any relevant stipulations of other laws.

Article 4
State security authorities shall, in accordance with law, handle cases of crimes that compromise national security, performing the same functions and powers as public security organs.

Article 5
People's courts shall exercise judicial power independently in accordance with law and people's procuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free from interference by any administrative authority, public organization or individual.

Article 6
In conducting criminal proceedings, people's courts, people's procuratorates and 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, people's Courts, people's procuratorates and public security organs shall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of law.

Article 8
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. People's courts, people's procuratorates and public security organs shall provide interpretation for any litigant participant in 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, people's courts shall apply the system whereby the second instance is final.

Article 11
People's courts shall hear cases in public, unless otherwise provided by this Law. A defendant shall have the right to defence, and a people's court shall have the duty to guarantee his defense.

Article 12
No person shall be found guilty without being judged as such by a people's court in accordance with law.

Article 13
In trying cases, a people's court shall apply the system of people's assessors taking part in trials in accordance with this Law.

Article 14
People's courts, people's procuratorates and public security organs shall safeguard the defense right and other procedural rights legally enjoyed by crime suspects, defendants and other litigation participants.

Litigation participants 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
A criminal suspect or a defendant who pleads guilty voluntarily, acknowledges the criminal facts he/she is accused of and is willing to accept punishment may be given lenient punishment in accordance with the law.

Article 16
In any of the following circumstances, no criminal responsibility shall be investigated;
if investigation of a case 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 as 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 17
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 18
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 authority of China and that of other countries may request judicial assistance from each other in criminal affairs.

Chapter II — Jurisdiction

Article 19
Investigation in criminal cases shall be conducted by public security organs, except as otherwise provided by law.

Any case regarding false imprisonment, extortion of confessions by torture, illegal search or any other crime committed by a judicial officer by taking advantage of his/her functions infringing upon a citizen's rights and damages judicial justice, which is found by a people's procuratorate in its judicial supervision of litigation activities, may be placed on file for investigation by the people's procuratorate. Any other case regarding a serious crime committed by a civil servant under the jurisdiction of the public security authorities by taking advantage of his/her functions, which requires direct acceptance by a people's procuratorate, may be placed on file for investigation by the people's procuratorate upon decision by a people's procuratorate at or above the provincial level.

Cases of private prosecution shall be accepted directly by People's Courts.

Article 20
A basic-level people's court shall have jurisdiction as a court 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 21
An intermediate people's court shall have jurisdiction over the following criminal cases as a court of first instance:

(1) a case regarding compromising national security or terrorist activities;
and

(2) a case regarding a crime likely punishable by life imprisonment or death penalty."

Article 22
A higher people's court shall have the jurisdiction as a court of first instance over major criminal cases that pertain to an entire province (autonomous region or centrally-administered municipality).

Article 23
The Supreme People's Court shall have the jurisdiction as a court of first instance over major criminal cases that pertain to the whole nation.

Article 24
When necessary, a people's court at a higher level may try criminal cases over which a people's court at a lower level have jurisdiction as a court of first instance;
Where 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 25
A criminal case shall be under the jurisdiction of the people's court in the place where the crime was committed. Where 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 26
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 27
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 28
The jurisdiction over cases in special people's courts shall be stipulated separately.

Chapter III — Challenge

Article 29
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 request his withdrawal:

(1) If he is a party or a close relative of a party to the case;

(2) If he or a close 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 30
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 meet with the parties to a case or the persons entrusted by the parties in violation of regulations.

Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal liability. The parties to the case and their legal representatives shall have the right to challenge him/her for his/her withdrawal.

Article 31
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 32
The challenge provisions of this Chapter shall also apply to court clerks, interpreters, and expert witnesses.

Defenders and agents ad litem may request withdrawal and apply for reconsideration according to the provisions of this Chapter.

Chapter IV Defense and Representation

Article 33
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 employer of the criminal suspect or the defendant;
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.

Whoever has been discharged from public employment or has had his/her practicing certificate for lawyers or notaries revoked shall not serve as a defender, except that he/she is the guardian or close relative of the criminal suspect or the defendant.

Article 34
A criminal suspect shall have the right to entrust a defender from the day when the criminal suspect is interrogated by an investigation authority for the first time or from the day when a compulsory measure is taken against the criminal suspect;
during the period of investigation, a criminal suspect may only entrust a lawyer as a defender. A defendant shall have the right to entrust a defender at any time.

When an investigation authority interrogates a criminal suspect for the first time or takes a compulsory measure against the criminal suspect, it shall inform the criminal suspect of his/her right to entrust a defender. A people's procuratorate shall, within three days after receiving the case file transferred for examination and prosecution, inform a criminal suspect of his/her right to entrust a defender. A people's court shall, within three days after accepting a case, inform a defendant of his/her right to entrust a defender. If a criminal suspect or defendant in custody files a request for entrusting a defender, the people's court, people's procuratorate, and public security organ shall convey such a request in a timely manner.

For a criminal suspect or defendant in custody, his/her guardian or close relative may entrust a defender on his/her behalf.

After accepting entrustment of a criminal suspect or defendant, a defender shall inform the authority handling the case in a timely manner.

Article 35
Where a criminal suspect or defendant has not entrusted a defender for financial hardship or other reasons, the criminal suspect or his/her close relative may file an application with a legal aid agency. If the legal aid conditions are met, the legal aid agency shall designate a lawyer to defend him/her.

Where a criminal suspect or defendant is blind, deaf or mute, or is a mental patient who has not completely lost the ability to recognize or control his/her behavior, if he/she has not entrusted a defender, the people's court, people's procuratorate, and public security organ shall notify a legal aid agency to designate a lawyer to defend him/her.

Where a criminal suspect or defendant who may be sentenced to life imprisonment or death penalty has not entrusted a defender, the people's court, people's procuratorate, and public security organ shall notify a legal aid agency to designate a lawyer to defend him/her.

Article 36
A legal aid agency may have duty lawyers stationed in such venues as people's courts or detention houses. For criminal suspects or defendants who do not entrust defender, nor legal aid agencies designate lawyers to defend them, such duty lawyers shall provide criminal suspects or defendants with such legal assistance as legal advice, suggestions on procedural selection, application for modification of coercive measures, and offering opinions on case handling, etc.

Any people's court, people's procuratorate or detention house shall inform a criminal suspect or defendant of his/her right to meet with a duty lawyer and facilitate such appointment.

Article 37
The responsibilities of a defender are to present materials and opinions proving the innocence of a criminal suspect or defendant, pettiness of a crime, or mitigation of or exemption from criminal liability and protect the procedural rights and other lawful rights and interests of a criminal suspect or defendant, in accordance with facts and law.

Article 38
During the period of investigation, a defense lawyer may provide legal assistance for a criminal suspect, file petitions and accusations on behalf of the criminal suspect, apply for modifying a compulsory measure, learn the charges against the criminal suspect and relevant case information from the investigation authority, and offer opinions.

Article 39
A defense lawyer may meet and communicate with a criminal suspect or defendant in custody. As permitted by a people's court or people's procuratorate, a defender other than a defense lawyer may also meet and communicate with a criminal suspect or defendant in custody.

When a defense lawyer files a request for a meeting with a criminal suspect or defendant in custody against the lawyer's practicing certificate, a proof issued by the law firm, and a power of attorney or an official legal aid document, a jail shall arrange a meeting in a timely manner, no later than 48 hours after the request is filed.

During the investigation period for crimes endangering State security or involving terrorist activities, defense lawyers shall obtain the approval by the investigating authorities before they meet with the criminal suspects. In the aforesaid cases, the investigating authorities shall notify the detention houses of information relating to the aforesaid meeting in advance.

At a meeting with a criminal suspect or defendant in custody, a defense lawyer may learn relevant case information and provide legal advice and other services, and from the day when the case is transferred for examination and prosecution, may verify relevant evidence with the criminal suspect or defendant. A meeting between a defense lawyer and a criminal suspect or defendant shall not be monitored.

Where a defense lawyer meets or communicates with a criminal suspect or defendant under residential confinement, paragraphs 1, 3 and 4 hereof shall apply.

Article 40
A defense lawyer may, from the day when the people's procuratorate examines a case for prosecution, consult, extract, and duplicate case materials. As permitted by the people's court or people's procuratorate, a defender other than a defense lawyer may also consult, extract, and duplicate such materials.

Article 41
Where a defender believes that any evidence collected by the public security organ or people's procuratorate during the period of investigation or examination and prosecution regarding the innocence of a criminal suspect or defendant or the pettiness of crime has not been submitted, the defender shall have the right to apply to the people's procuratorate or people's court for submission of such evidence.

Article 42
A defender shall inform the public security organ or people's procuratorate in a timely manner of evidence collected regarding a criminal suspect's alibi or the fact that the criminal suspect has not reached the age for criminal liability or is a mental patient legally exempted from criminal liability.

Article 43
Defence lawyers may, with the consent of witnesses or other entities 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 before court and give a testimony.

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 44
No defender or other person may help a criminal suspect or defendant conceal, destroy, or forge evidence or make a false confession in collusion, intimidate or induce a witness into committing perjury, or otherwise interfere with the procedures of judicial authorities.

Whoever violates the preceding paragraph shall be subject to legal liability, and a defender suspected of a crime shall be handled by an investigation authority other than the one handling the case in which the defender provides representation. If the defender is a lawyer, the law firm employing the lawyer or the bar association to which the lawyer belongs shall be informed in a timely manner.

Article 45
During a trial, the defendant may refuse to have his defender continue to defend him and may entrust his defence to another defender.

Article 46
A victim in a case of public prosecution, his legal representatives or close relatives, and a party to 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 to an incidental civil action and his legal representatives shall have the right to entrust agents ad litem 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, notify the victim and his legal representatives or close relatives and the party to an incidental civil action and his legal representatives that they have the right to entrust agents ad litem. A 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 to an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.

Article 47
With regard to the entrusting of an agent ad litem, the provisions of Article 33 of this Law shall be applied mutatis mutandis.

Article 48
A defense lawyer shall have the right to keep confidential the conditions and information regarding a client known in the practice of law. However, if knowing in the practice of law that a client or any other person is preparing for or is committing a crime compromising national security, public security or seriously damaging the personal safety of others, a defense lawyer shall inform a judicial authority in a timely manner.

Article 49
A defender or agent ad litem who believes that a public security organ, a people' procuratorate, a people's court or any staff member thereof has impeded his/her exercise of procedural rights, shall have the right to file a petition or accusation with the people's procuratorate at the same level or at the next higher level. The people's procuratorate shall examine the petition or accusation in a timely manner and, if it is true, notify the authority involved to make correction."

Chapter V Evidence

Article 50
All materials that may be used to prove the facts of a case are evidence.

Evidence includes:

(1) physical evidence;

(2) documentary evidence;

(3) witness statement;

(4) victim statement;

(5) confession and defense of a criminal suspect or defendant;

(6) expert opinion;

(7) transcripts of crime scene investigation, examination, identification, and investigative reenactment;
and

(8) audio-visual recordings and electronic data.

Evidence must be verified before being used as a basis for deciding a case.

Article 51
The burden of proof of guilty of the defendant in a public prosecution case shall fall on the people's procuratorate, while that in a private prosecution case shall fall on the private prosecutor.

Article 52
Judges, prosecutors, and investigators must, under legal procedures, collect various kinds of evidence that can prove the guilt or innocence of a criminal suspect or defendant and the gravity of a crime. It shall be strictly prohibited to extort confessions by torture, collect evidence by threat, enticement, deceit, or other illegal means, or force anyone to commit self-incrimination. It must be ensured that all citizens who are involved in a case or have information regarding a case can objectively and fully provide evidence, and, except under special circumstances, such citizens may be required to assist investigation.

Article 53
A public security organ's requests for approval of arrest, a people's procuratorate's bills of prosecution and a 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 54
People's courts, people's procuratorates and public security organs shall have the authority to collect or obtain evidence from the entities and individuals concerned. The entities and individuals concerned shall provide truthful evidence.

Physical evidence, documentary evidence, audio-visual recordings, electronic data, and other evidence collected by an administrative authority in the process of administrative enforcement of law and case investigation may be used as evidence in criminal proceedings.

Evidence involving any state secret, trade secret, or personal privacy 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 55
In deciding each case, a people's court shall focus on evidence, investigation, and research, and credence shall not be readily given to oral confessions. A defendant shall not be criminated and sentenced to a criminal punishment merely based on the defendant's confession without other evidence;
a defendant may be criminated and sentenced to a criminal punishment based on hard and sufficient evidence even without his/her confession.

Evidence is hard and sufficient when the following conditions are met:

(1) All facts for conviction and sentencing are supported by evidence;

(2) All evidence used to decide a case has been verified under legal procedures;
and

(3) All facts found are beyond reasonable doubt based on all evidence of the case.

Article 56
A confession of a criminal suspect or defendant extorted by torture or obtained by other illegal means and a witness or victim statement obtained by violence, threat, or other illegal means shall be excluded. If any physical or documentary evidence is not collected under the statutory procedure, which may seriously affect justice, supplementation and correction or justification shall be provided;
otherwise, such evidence shall be excluded.

If it is discovered during the investigation, examination before prosecution, or trial of a case that any evidence shall be excluded, such evidence shall be excluded by law and not be used as a basis for a prosecution proposal, a prosecution decision, and a sentence.

Article 57
After receiving a report, accusation, or tip on any illegal collection of evidence by investigators or after discovering any illegal collection of evidence by investigators, a people's procuratorate shall conduct investigation and verification. If it is confirmed that evidence has been illegally collected, the people's procuratorate shall provide an opinion on correction;
if any crime is committed, criminal liability shall be investigated in accordance with law.

Article 58
Where, in a court session, a judge believes that there may be any illegal collection of evidence as prescribed in Article 56 of this Law, the judge shall conduct an investigation in court regarding the legality of collection of evidence.

A party concerned and the defender or agent ad litem thereof shall have the right to apply to a people's court for excluding illegally collected evidence. Relevant clues or materials shall be provided for an application for excluding illegally collected evidence.

Article 59
During the investigation in court regarding the legality of collection of evidence, a people's procuratorate shall prove the legality of collection of evidence.

If the existing evidentiary materials cannot prove the legality of collection of evidence, the people's procuratorate may request the people's court to notify relevant investigators or other persons to appear before court to explain;
and the people's court may notify relevant investigators or other persons to appear before court to explain. The relevant investigators or other persons may also file a request for appearing before court to explain. The relevant persons notified by the people's court shall appear before court.

Article 60
Where, at trial, any illegal collection of evidence as prescribed in Article 56 of this Law is confirmed or cannot be ruled out, the relevant evidence shall be excluded.

Article 61
A witness statement may be used as a basis for deciding a case only after it has been cross-examined in court by both sides, the public prosecutor and victim as one side and the defendant and defender as the other side, and verified. If a court discovers that a witness has intentionally committed perjury or concealed criminal evidence, the witness shall be handled in accordance with law.

Article 62
All those who have information about a case shall have the obligation 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 63
People's courts, people's procuratorates and public security organs shall insure the safety of witnesses and their close relatives.

Anyone who intimidates, humiliates, beats or retaliates against a witness or his close relatives, if his act constitutes a crime, shall be investigated for criminal liability 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.

Article 64
Where a witness, identification or evaluation expert, or victim testifies in a crime of compromising national security, a crime of terrorist activities, an organized crime of a gangland nature, or a drug crime, endangering the personal safety of the witness, identification or evaluation expert, or victim or his/her close relatives, the people's court, people's procuratorate, and public security organ shall take one or more of the following protective measures:

(1) not disclosing his/her true personal information, such as name, residence address, and employer;

(2) not exposing his/her look, true voice, and so on, when he/she takes the stand;

(3) prohibiting particular persons from contacting the witness, identification or evaluation expert, or victim and his/her close relatives;

(4) providing special protection for him/her and his/her residence;
and

(5) other necessary protective measures.

Where a witness, identification or evaluation expert, or victim believes that his/her personal safety or that of his/her close relatives is endangered by his/her testimony in proceedings, he/she may request protection from the people's court, people's procuratorate, and public security organ.

The relevant entities and individuals shall cooperate with a people's court, people's procuratorate, or public security organ in taking protective measures in accordance with law.

Article 65
Subsidization shall be provided for the travel, board and lodging, and other expenses of a witness for performing the obligation to testify. Such subsidization shall be recorded under the operating expenditures of judicial authorities and ensured by the treasury of the government at the same level.

When a working witness testifies, his/her employer may not directly or indirectly deduct his/her salary, bonus, and other benefits.

Chapter VI Compulsory Measures

Article 66
People's Courts, people's procuratorates and public security organs may, according to the circumstances of a case, issue a warrant to compel the appearance of the criminal suspect or defendant, have him released upon bail pending trial or subject him to residential surveillance.

Article 67
A people's court, a people's procuratorate, and a public security organ may grant a release upon bail pending trial to a criminal suspect or defendant pending trial under any of the following circumstances:

(1) the criminal suspect or defendant may be sentenced to supervision without incarceration, limited incarceration, or an accessory penalty only;

(2) the criminal suspect or defendant may be sentenced to a fixed-term imprisonment or a heavier penalty but will not cause danger to the public if granted bail;

(3) the criminal suspect or defendant suffers a serious illness and cannot live by himself or herself or is a pregnant woman or a woman who is breastfeeding her own baby and will not cause danger to the public if granted bail;
or

(4) The term of custody of the criminal suspect or defendant has expired but the case has not been closed, and a bail is necessary.

Release upon bail pending trial shall be executed by a public security organ.

Article 68
Where a people's court, a people's procuratorate or a public security organ decides to allow a criminal suspect or defendant to be released upon bail pending trial, it shall order the criminal suspect or defendant to provide a guarantor or pay guaranty.

Article 69
A guarantor must be a person who meets the following conditions:

(1) To be not involved in the current case;

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

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

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

Article 70
A guarantor shall perform the following obligations:

(1) supervise the bailed person in complying with the provisions of Article 71 of this Law;
and

(2) after discovering that the bailed person may commit or has committed a violation of Article 71 of this Law, report it to the execution authority in a timely manner.

Where the bailed person has committed a violation of Article 71 of this Law and the guarantor fails to perform guaranty obligations, the guarantor shall be fined, and if any crime is committed, criminal liability shall be investigated in accordance with law.

Article 71
A bailed criminal suspect or defendant shall comply with the following provisions:

(1) not leaving the city or county where he/she resides without the approval of the execution authority;

(2) reporting any change of his/her residence address, employer, or contact information to the execution authority within 24 hours of such change;

(3) appearing before court in a timely manner when summoned;

(4) not interfering in any way with the testimony of witnesses;
and

(5) not destroying or falsifying evidence or making a false confession in collusion.

Based on the circumstances of a case, a people's court, a people's procuratorate, and a public security organ may order a bailed criminal suspect or defendant to comply with one or more of the following provisions:

(1) not entering particular places;

(2) not meeting or communicate with particular persons;

(3) not engaging in particular activities;
and

(4) delivering his/her passport and other international travel credentials and driver's license to the execution authority for preservation.

Where a bailed criminal suspect or defendant violates any provision of the preceding two paragraphs, if a guaranty has been paid, part or all of the guaranty shall be forfeited, and, based on the actual circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay a guaranty or provide a guarantor again, or be placed under residential surveillance or arrested.

Where any violation of the bail provisions entails an arrest, the criminal suspect or defendant may be detained first.

Article 72
The authority deciding on a release upon bail pending trial shall decide the amount of a guaranty after fully considering the need to ensure normal legal proceedings, the danger of the person to be released upon bail pending trial, the nature and circumstances of the case, the gravity of the possible punishment, the financial condition of the person to be released upon bail pending trial, and other factors.

The person providing a guaranty shall deposit the guaranty into a special account at a bank designated by the execution authority.

Article 73
Where a criminal suspect or defendant has not violated the provisions of Article 71 of this Law during the period of waiting for trial on bail, he/she may receive a refund of the bail at the bank against a notice of termination of waiting for trial on bail or relevant legal instrument, at the end of the period of waiting for trial on bail.

Article 74
Under any of the following circumstances, a people's court, a people's procuratorate, and a public security organ may place a criminal suspect or defendant who meets the arrest conditions under residential surveillance:

(1) the criminal suspect or defendant suffers a serious illness and cannot live by himself/ herself;

(2) the criminal suspect or defendant is a pregnant woman or a woman who is breastfeeding her own baby;

(3) the criminal suspect or defendant is the sole supporter of a person who cannot live by himself/herself;

(4) considering the special circumstances of the case or as needed for handling the case, residential confinement is more appropriate;
or

(5) the term of custody has expired but the case has not been closed, and residential confinement is necessary.

Where a criminal suspect or defendant meets the conditions for bail but is neither able to provide a guarantor nor pay a guaranty, he/she may be placed under residential surveillance.

Residential surveillance shall be executed by a public security organ.

Article 75
Residential surveillance shall be enforced at the domicile of the criminal suspect or the defendant, or at a designated place if he has no permanent domicile. For a crime suspected of endangering national security or involving terrorist activities, if residential surveillance at the domicile of the criminal suspect or the defendant may impede the investigation, residential surveillance may be enforced at a designated place upon approval by the public security authorities at the next higher level. However, residential surveillance shall not be enforced in the place of detention or a special venue for case investigation.

If residential surveillance is executed at a designated residence, the family of the person under residential confinement shall be notified within 24 hours after residential confinement is executed, unless such notification is impossible.

Where a criminal suspect or defendant under residential surveillance entrusts a defender, the provisions of Article 34 of this Law shall apply.

People's procuratorates shall oversee the legality of a decision on and execution of residential confinement at a designated residence.

Article 76
The term of residential surveillance at a designated residence shall decrease the term of imprisonment. For a sentence of supervision without incarceration, one day of residential surveillance equals one day of the term of imprisonment;
for a sentence of limited incarceration or fixed-term imprisonment, two days of residential surveillance equals one day of the term of imprisonment.

Article 77
A criminal suspect or defendant under residential surveillance shall comply with the following provisions:

(1) not leaving the residence where residential surveillance is executed without the approval of the execution authority;

(2) not meeting or communicating with others without the approval of the execution authority;

(3) appearing before court in a timely manner when summoned;

(4) not interfering in any way with the testimony of witnesses;

(5) not destroying or forging evidence or making a false confession in collusion;
and

(6) delivering his/her passport and other international travel credentials, identity document, and driver's license to the execution authority for preservation.

A criminal suspect or defendant under residential surveillance who seriously violates any provision of the preceding paragraph may be arrested;
and if arrest is necessary in a case of gross violation, the criminal suspect or defendant may be detained first.

Article 78
Execution authorities may oversee criminal suspects or defendants under residential surveillance regarding their compliance with residential confinement provisions by electronic monitoring, random inspection, and other surveillance means;
and during the period of investigation, may monitor the communications of criminal suspects under residential surveillance.

Article 79
The period granted by a people's court, people's procuratorate or public security organ to a criminal suspect or defendant for being released upon bail pending trial shall not exceed 12 months;
the period for residential surveillance shall not exceed six months.

During the period when the criminal suspect or defendant is released upon bail pending trial 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 being released upon bail pending trial or the period of residential confinement 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 entities concerned shall be notified of the termination immediately.

Article 80
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 81
Where there is evidence to prove the facts of a crime and a criminal suspect or defendant may be sentenced to imprisonment or a heavier punishment, if release upon bail pending trial is insufficient to prevent any of the following dangers to the public, the criminal suspect or defendant shall be arrested:

(1) the criminal suspect or defendant may commit a new crime;

(2) there is an actual danger to national security, public security, or social order;

(3) the criminal suspect or defendant may destroy or forge evidence, interfere with the testimony of a witness, or make a false confession in collusion;

(4) the criminal suspect or defendant may retaliate against a victim, informant, or accuser;
or

(5) the criminal suspect or defendant attempts to commit suicide or escape.

The nature and circumstances of the crime committed by a criminal suspect or defendant, the plea of guilty and punishment acceptance by the criminal suspect or defendant, etc. shall be taken as possible risk factors for social dangers with regard to any approval or decision on arrest.

Where there is evidence to prove the facts of a crime and a criminal suspect or defendant may be sentenced to a fixed-term imprisonment of 10 years or a heavier punishment or there is evidence to prove the facts of a crime and a criminal suspect or defendant who once committed an intentional crime or has not been identified may be sentenced to imprisonment or a heavier punishment, the criminal suspect or defendant shall be arrested.

Where a criminal suspect or defendant released upon bail pending trial or under residential surveillance seriously violates the provisions on bail or residential surveillance, the criminal suspect or defendant may be arrested.

Article 82
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 83
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 84
The persons listed below may be seized outright by any citizen and delivered to a public security organ, a people's procuratorate or a people's court for handling:

(1) Any person who is committing a crime or is discovered immediately after committing a crime;

(2) Any person who is wanted for arrest;

(3) Any person who has escaped from prison;
and

(4) Any person who is being pursued for arrest.

Article 85
When detaining a person, a public security organ must produce a detention warrant.

After a person is detained, the detainee shall be immediately transferred to a jail for custody, no later than 24 hours thereafter. The family of a detainee shall be notified within 24 hours after detention, unless such notification is impossible or such notification may obstruct investigation in a case regarding compromising national security or terrorist activities. However, once such a situation that obstructs investigation disappears, the family of the detainee shall be immediately notified.

Article 86
A public security organ shall interrogate a detainee within 24 hours after detention. If it is discovered that the person should not have been detained, the person must be immediately released, and a certificate of release shall be issued to the person.

Article 87
When a public security organ wishes to arrest a criminal suspect, it shall submit a written request for approval of arrest 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 88
During the examination for approval of an arrest request, a people's procuratorate may interrogate the criminal suspect;
and, under any of the following circumstances, must interrogate the criminal suspect:

(1) it has any doubt on whether the arrest conditions are met;

(2) the criminal suspect requests a statement before prosecutors;
or

(3) any gross violation of law may have occurred during investigation.

During the examination for approval of an arrest request, a people's procuratorate may interview a witness and other litigation participants and hear the opinion of a defense lawyer;
and, if a defense lawyer files a request for presenting an opinion, shall hear the opinion of the defense lawyer.

Article 89
The chief procurator shall make the decision on a people's procuratorate's examination for approval of the arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.

Article 90
After a people's procuratorate has examined a case with respect to which a public security organ has submitted a request for approval of arrest, it shall decide according to the circumstances of the case either to approve the arrest or disapprove the arrest. If it decides to approve the arrest, the public security organ shall execute it immediately and inform the people's procuratorate of the result without delay. If the people's procuratorate disapproves the arrest, it shall give its reasons therefor;
and if it deems a supplementary investigation necessary, it shall at the same time notify the public security organ of the need.

Article 91
If the public security organ deems it necessary to arrest a detainee, it shall, within three days after the detention, submit a request to the people's procuratorate for examination and approval. Under special circumstances, the time limit for submitting a request for examination and approval may be extended by one to four days.

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

The people's procuratorate shall decide either to approve or disapprove the arrest within seven days from the date of receiving the written request for approval of arrest submitted by a public security organ. If the people's procuratorate disapproves the arrest, the public security organ shall, upon receiving notification, immediately release the detainee and inform the people's procuratorate of the result without delay. If further investigation is necessary, and if the released person meets the conditions for being released upon bail pending trial or for residential surveillance, he shall be allowed to be released upon bail pending trial or subjected to residential surveillance according to law.

Article 92
If the public security organ considers the people's procuratorate decision to disapprove an arrest to be incorrect, it may request a 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 the higher level shall immediately review the matter, decide whether or not to make a change and notify the people's procuratorate at the lower level and the public security organ to implement its decision.

Article 93
When making an arrest, a public security organ must produce an arrest warrant.

After a person is arrested, the arrestee shall be immediately transferred to a jail for custody. The family of the arrestee shall be notified within 24 hours after arrest, unless such notification is impossible.

Article 94
Interrogation must be conducted within 24 hours after the arrest, by a people's court or people's procuratorate with respect to a person it has decided to arrest, and by a 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 95
After arresting a criminal suspect or defendant, a people's procuratorate shall continue to examine the necessity of custody. If custody is no longer necessary, it shall suggest a release of the arrestee or modification of the compulsory measure for the arrestee. The relevant authority shall notify the people's procuratorate of the handling result within 10 days.

Article 96
If a people's court, a people's procuratorate or a public security organ finds that the compulsory measures adopted against a criminal suspect or defendant are inappropriate, such measures shall be cancelled or modified without delay. If a public security organ releases a person arrested or substitute the measure of arrest with a different measure, it shall notify the people's procuratorate that approved the arrest.

Article 97
A criminal suspect or defendant or his/her legal representative, close relative, or defender shall have the right to apply for modifying a compulsory measure. A people's court, people's procuratorate, or public security organ shall make a decision within three days after receiving such an application;
and, if a disapproval decision is made, the applicant shall be informed of the decision and reasons for disapproval.

Article 98
Where a case involving a criminal suspect or defendant in custody cannot be closed within the period of custody during investigation, period of examination for prosecution, or period of trial at first instance or second instance as set forth in this Law, the criminal suspect or defendant shall be released;
or, if further investigation or trial is necessary, may be bailed or placed under residential confinement.

Article 99
When the statutory term of a compulsory measure taken against a criminal suspect or defendant expires, a people's court, a people's procuratorate, or a public security organ shall release the criminal suspect or defendant, terminate a bail or residential surveillance, or legally modify a compulsory measure. A criminal suspect or defendant or his/her legal representative, close relative, or defender shall have the right to require termination of a compulsory measure taken by a people's court, a people's procuratorate, or a public security organ when the term of the compulsory measure expires.

Article 100
If in the process of examining and approving arrests, a people's procuratorate discovers illegalities in the investigatory activities of a 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.

Chapter VII Incidental Civil Actions

Article 101
Where a victim has suffered any material loss as a result of the defendant's crime, the victim shall have the right to institute an incidental civil action during criminal proceedings. If the victim is dead or has lost capacity of conduct, his/her legal representative or close relative shall have the right to institute an incidental civil action.

Where state property or collective property has suffered any loss, a people's procuratorate may institute an incidental civil action along with a public prosecution.

Article 102
A people's court may, when necessary, take a preservative measure to seize, impound, or freeze the property of a defendant. In an incidental civil action, the plaintiff or the people's procuratorate may apply to the people's court for taking a preservative measure. Where a people's court takes a preservative measure, the relevant provisions of the Civil Procedure Law shall apply.

Article 103
When trying an incidental civil case, a people's court may conduct mediation or render a judgment or ruling based on the material loss.

Article 104
An incidental civil action shall be heard together with the criminal case. Only for the purpose of preventing excessive delay in a trial of the criminal case may the same judicial organization, after completing the trial of the criminal case, continue to hear the incidental civil action.

Chapter VIII Time Periods and Service

Article 105
Time periods 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.

A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.

Where the last day of a period falls on a holiday, the expiry date of the period shall be the first day after the holiday, but the custody period of a criminal suspect or defendant shall terminate on the expiry date and may not be extended for holidays.

Article 106
When a party cannot meet a 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 that should have been completed before the expiration of the time period.

A people's court shall decide whether or not to approve the application described in the preceding paragraph.

Article 107
Summons, notices and other court 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 a responsible person of employer.

If the addressee himself or a recipient on his behalf refuses to receive the documents or refuses to sign or affix his seal to the receipt, the person serving the documents may ask the addressee's neighbours or other witnesses to the scene, explain the situation to them, leave the documents at the addressee's residence, record on the service certificate the particulars of the refusal and the date of service and sign his name on it;
the service shall thus be deemed to have been completed.

Chapter IX Other Provisions

Article 108
For the purpose of this law, the definitions of the following terms are:

(1)

"Investigation" means the work relating to collection of evidence, and investigation and ascertainment of a criminal case and relevant coercive measures carried out in accordance with the law by public security authorities and the people's procuratorate.

(2) "Parties" means victims, private prosecutors, criminal suspects, defendants and the plaintiffs and defendants in incidental civil actions.

(3) "Legal representatives" means the parents, foster parents or guardians of a person being represented and representatives of the State organ or public organization responsible for that person's protection;

(4) "Participants in the proceedings" means the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and interpreters;

(5) "Agents ad litem" means persons entrusted by victims in cases of public prosecution and their legal representatives or close relatives and by private prosecutors in cases of private prosecution and their legal representatives to participate in legal proceedings on their behalf, and persons entrusted by parties in incidental civil actions and their legal representatives to participate in legal proceedings on their behalf.

(6) "close relatives" means a person's husband or wife, father, mother, sons, daughters, and brothers and sisters born of the same parents.

Part II Filing a Case, Investigation and Institution of Public Prosecution

Chapter I Filing a Case

Article 109
Public security organs or people's procuratorates shall, upon discovering facts of crimes or criminal suspects, file the cases for investigation within the scope of their jurisdiction.

Article 110
Any entity or individual, upon discovering facts of a crime or a criminal suspect, shall have the right and duty to report the case or provide information to a public security organ, a people's procuratorate or a people's court.

When his personal or property rights are infringed upon, the victim shall have the right to report to a public security organ, a people's procuratorate or a People's Court about the facts of the crime or bring a accusation to it against the criminal suspect.

The public security organ, the people's procuratorate or the people's court shall accept all reports, accusation and information. If a case does not fall under its jurisdiction, it shall refer the case to the competent authority and notify the person who made the report, lodged the accusation or provided the information. If the case does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures before referring the case to the competent authority.

Where an offender delivers himself up to a public security organ, a people's procuratorate or a people's court, the provisions of the 3rd paragraph shall apply.

Article 111
Reports, accusation and information may be filed in writing or orally. The officer receiving an oral report, accusation or information shall make a written record of it, which, after being read to the reporter, accusant or informant and found free of error, shall be signed or sealed by him or her.

The officer receiving the accusation or information shall clearly explain to the accusant or the informant the legal responsibility that shall be incurred for making a false accusation. However, an accusation or information that does not accord with the facts, or even a mistaken accusation shall be strictly distinguished from a false accusation, as long as no fabrication of facts or falsification of evidence is involved.

Public security organs, people's procuratorate s and people's courts shall ensure the safety of reporters, accusants and informants as well as their close relatives. If the reporters, accusants or informants wish not to make their names and acts of reporting, accusing or informing known to the public, these shall be kept confidential for them.

Article 112
A People's Court, people's procuratorate or public security organ shall, within the scope of its jurisdiction, promptly examine the materials provided by a reporter, accusant or informant and the confession of an offender who has voluntarily surrendered. If it believes that there are facts of a crime and criminal liability should be investigated, it shall file a case. If it believes that there are no facts of a crime or that the facts are obviously slight and do not require investigation of criminal liability, it shall not file a case and shall notify the accusant of the reason. If the accusant does not agree with the decision, he may ask for reconsideration.

Article 113
Where a people's procuratorate considers that a case should be filed for investigation by a public security organ but the latter has not done so, or where a victim considers that a case should be filed for investigation by a public security organ but the latter has not done so and the victim has brought the matter to a people's procuratorate, the people's procuratorate shall request the public security organ to state the reasons for not filing the case. If the people's procuratorate considers that the reasons for not filing the case given by the public security organ are untenable, it shall notify the public security organ to file the case, and upon receiving the notification, the public security organ shall file the case.

Article 114
As to a case of private prosecution, the victim shall have the right to bring a suit directly to a people's court. If the victim is dead or has lost his ability of conduct, his legal representatives and close relatives shall have the right to bring a suit to a people's court. The people's court shall accept it according to law.

Chapter II Investigation

Section 1 General Provisions

Article 115
With respect to a criminal case which has been filed, the public security organ shall carry out investigation, collecting and obtaining evidence to prove the criminal suspect guilty or innocent or to prove the crime to be minor or grave. Active criminals or major suspects may be detained first according to law, and criminal suspects who meet the conditions for arrest shall be arrested according to law.

Article 116
After investigation, the public security organ shall start preliminary inquiry into a case for which there is evidence that supports the facts of the crime, in order to verify the evidence which has been collected and obtained.

Article 117
A party concerned or a defender or agent ad litem thereof or an interested party shall have the right to file a petition or accusation with a judicial authority regarding any of the following conduct of the judicial authority or any of its personnel:

(1) refusing to release a criminal suspect or defendant or terminate or modify a compulsory measure taken, when the statutory term of the compulsory measure expires;

(2) refusing to refund a guaranty that shall be refunded;

(3) seizing, impounding, or freezing any property irrelevant to a case;

(4) refusing to terminate a measure of seizing, impounding, or freezing property that shall be terminated;
or

(5) embezzling, misappropriating, distributing in private, replacing, or illegally using any seized, impounded, or frozen property in violation of rules.

The authority accepting the petition or accusation shall handle it in a timely manner. Against the handling result, the party concerned or the defender or agent ad litem thereof or the interested party may file a petition with the people's procuratorate at the same level;
or, if the case is directly accepted by the people's procuratorate, may file a petition with the people's procuratorate at the next higher level. The people's procuratorate shall examine the petition in a timely manner and, if it is true, notify the relevant authority to make correction.

Section 2 Interrogation of a Criminal Suspect

Article 118
Interrogation of a criminal suspect must be conducted by the investigators of a people's procuratorate or public security organ. During an interrogation, there must be no fewer than two investigators participating.

After a criminal suspect is transferred to a jail for custody, the investigators shall conduct interrogation of the criminal suspect inside the jail.

Article 119
A criminal suspect for whom an arrest or detention is not necessary may be summoned to a designated place in the city or county where the criminal suspect resides or his/her residence for interrogation, but credentials from the people's procuratorate or public security organ shall be produced. A criminal suspect discovered on the scene may be verbally summoned after a work pass is produced, but it shall be noted in the interrogation transcript.

The duration of interrogation by summons or forced appearance may not exceed 12 hours;
or, if it is necessary to detain or arrest a criminal suspect in an extraordinarily significant or complicated case, the duration of interrogation by summons or forced appearance may not exceed 24 hours.

A criminal suspect shall not be actually held in custody by successive summons or forced appearance. During the period of interrogation by summons or forced appearance, the meals and necessary rest time of the criminal suspect shall be ensured.

Article 120
When interrogating a criminal suspect, the investigators shall first ask the criminal suspect whether or not he has committed any criminal act, and let him state the circumstances of his guilt or explain his innocence;
then they may ask him questions. The criminal suspect shall answer the investigators' questions truthfully, but he shall have the right to refuse to answer any questions that are irrelevant to the case.

When interrogating a criminal suspect, the investigators shall inform the criminal suspect of his/her litigation rights, as well as the legal provisions allowing for lenient punishment for those who truthfully confess their crimes and possible legal consequence of plea of guilty and punishment acceptance.

Article 121
During the interrogation of a criminal suspect who is deaf or mute, an officer who has a good command of sign language shall participate, and such circumstances shall be noted in the record.

Article 122
The record of an interrogation shall be shown to the criminal suspect for checking;
if the criminal suspect cannot read, the record shall be read to him. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. When the criminal suspect acknowledges that the record is free from error, he shall sign or affix his seal to it. The investigators shall also sign the record. If the criminal suspect requests to write a personal statement, he shall be permitted to do so. When necessary, the investigators may also ask the criminal suspect to write a personal statement.

Article 123
When interrogating a criminal suspect, the investigators may keep an audio or visual record of the interrogation process;
and, in a case regarding a crime punishable by life imprisonment or death penalty or any other significant crime, the investigators shall keep an audio or visual record of the interrogation process.

An audio or visual record shall cover the entire process of interrogation to ensure integrity.

Section 3 Questioning of a Witness

Article 124
The investigators may interview a witness on the crime scene, at the place of the witness's employer or residence, or at a place proposed by the witness, and, when necessary, may notify a witness to provide testimony at the people's procuratorate or public security organ. When interviewing a witness on the crime scene, the investigators shall produce their work passes, and, when interviewing a witness at the place of the witness's employer or residence or a place proposed by the witness, the investigators shall produce the credentials from the people's procuratorate or public security organ.

Witnesses shall be interviewed individually.

Article 125
When a witness is questioned, he shall be instructed to provide evidence and give testimony truthfully and shall be informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.

Article 126
The provisions of Article 122 of this Law shall also apply to the questioning of witnesses.

Article 127
The provisions of all articles in this Section shall apply to the questioning of victims.

Section 4 Inquest and Examination

Article 128
Investigators shall conduct an inquest or examination of the sites, objects, people and corpses relevant to a crime. When necessary, experts may be assigned or invited to conduct an inquest or examination under the direction of the investigators.

Article 129
Each and every entity and individual shall have the duty to preserve the scene of a crime and to immediately notify a public security organ to send officers to hold an inquest.

Article 130
To conduct an inquest or examination, the investigators must have papers issued by a people's procuratorate or a public security organ.

Article 131
If the cause of a death is unclear, a public security organ shall have the power to order an autopsy and shall notify the family members of the deceased to be present.

Article 132
To determine certain characteristics, condition of injury, or physiological condition of a victim or criminal suspect, the body of the victim or criminal suspect may be examined, and fingerprint information and blood, urine, and other biological samples may be collected.

If a criminal suspect refuses to be examined, the investigators, when they deem it necessary, may conduct a compulsory examination.

Examination of the persons of women shall be conducted by female officers or doctors.

Article 133
A record shall be made of the circumstances of an inquest or examination, and it shall be signed or sealed by the participants in the inquest or examination and the eyewitnesses.

Article 134
If, in reviewing a case, a people's procuratorate deems it necessary to repeat an inquest or examination that has been done by a public security organ, it may ask the latter to conduct another inquest or examination and may send procurators to participate in it.

Article 135
When necessary and with the approval of the chief of a public security organ, investigative reenactments may be conducted in order to clarify the circumstances of a case.

Transcripts shall be prepared for an investigative reenactment, to which the signatures or seals of participants in the investigative reenactment shall be affixed.

In conducting investigative reenactments, it shall be forbidden to take any action which is hazardous, humiliating to anyone, or offensive to public morals.

Section 5 Search

Article 136
In order to collect criminal evidence and track down an offender, investigators may search the person, belongings and residence of the criminal suspect and anyone who might be hiding a criminal or criminal evidence, as well as other relevant places.

Article 137
Any entity or individual shall have the duty, as required by the people's procuratorate or the public security organ, to hand over material evidence, documentary evidence or audio-visual material which may prove the criminal suspect guilty or innocent.

Article 138
When a search is to be conducted, a search warrant must be produced to the person to be searched.

If an emergency occurs when an arrest or detention is being made, a search may be conducted without a search warrant.

Article 139
During a search, the person to be searched or his family members, neighbours or other eyewitnesses shall be present at the scene.

Searches of the persons of women shall be conducted by female officers.

Article 140
A record shall be made of the circumstances of a search, and it shall be signed or sealed by the investigators and the person searched or his family members, neighbours or other eyewitnesses. If the person searched or his family members have become fugitives or refuse to sign or affix their seals to the record, this shall be noted in the record.

Section 6 Seizure and Impounding of Material Evidence and Documentary Evidence

Article 141
Any articles and documents discovered in investigation activities that may be used to prove a criminal suspect's guilt or innocence shall be seized or impounded. Articles and documents which are irrelevant to the case may not be seized or impounded.

Seized or impounded articles and documents shall be properly kept or sealed up for safekeeping and may not be utilized or damaged.

Article 142
All seized or impounded articles and documents shall be carefully checked by the investigators jointly with the eyewitnesses and the holder of the articles or documents;
a detailed list shall be made in duplicate on the spot and shall be signed or sealed by the investigators, the eyewitnesses and the holder. One copy of the list shall be given to the holder, and the other copy shall be kept on file for reference.

Article 143
If the investigators deem it necessary to seize the mail or telegrams of a criminal suspect, they may, upon approval of a public security organ or a people's procuratorate, notify the post and telecommunications offices to check and hand over the relevant mail and telegrams for seizure.

When it becomes unnecessary to continue a seizure, the post and telecommunications offices shall be immediately notified.

Article 144
The people's procuratorates and the public security organs may, as required by investigation of crimes, inquire into or freeze criminal suspects' deposits, remittances, bonds, stocks, bond shares or other properties according to regulations. Entities or individuals concerned shall provide cooperation therein.

If the deposits, remittances, bonds, stocks, bond shares or other properties of the criminal suspects have been frozen, they shall not be frozen for a second time.

Article 145
If any seized articles, documents, mail, telegrams or frozen deposits, remittances, bonds, stocks, bond shares or other properties are proved through investigation to be truly irrelevant to a case, the seizure, impounding and freeze shall be cancelled within three days, and the above property shall be returned.

Section 7 Expert Identification or Evaluation

Article 146
When certain special problems relating to a case need to be solved in order to clarify the circumstances of the case, experts with specialized knowledge shall be assigned or invited to give their evaluations.

Article 147
After completion of identification or evaluation, an identification or evaluation expert shall prepare a written expert opinion and sign it.

An identification or evaluation expert who intentionally conducts false identification or evaluation shall be subject to legal liability.

Article 148
The investigation organ shall notify the criminal suspect and the victim of the opinion of the expert which will be used as evidence in his case. A supplementary expert identification or evaluation or another expert identification or evaluation may be conducted upon application submitted by the criminal suspect or the victim.

Article 149
The period during which the mental illness of a criminal suspect is under verification shall not be included in the period of time for handling the case.

Section 8 Technical Investigation Measures

Article 150
After opening a case regarding a crime of compromising national security, a crime of terrorist activities, an organized crime of a gangland nature, a significant drug crime, or any other crime seriously endangering the society, a public security organ may, as needed for criminal investigation, take technical investigation measures after completing strict approval formalities.

With regard to a case involving a major crime of serious infringement upon the personal rights of citizens by taking advantage of functions, after placing the case on file, the people's procuratorate may, as needed for investigation of the crime and upon going through stringent approval procedures, employ technical investigation measures, which shall be carried out by the relevant authorities in accordance with applicable regulations.

To capture a wanted criminal suspect or defendant or a fugitive criminal suspect or defendant whose arrest has been approved or decided, technical investigation measures necessary for capture may be taken with approval.

Article 151
In an approval decision, the types and scopes of application of the technical investigation measures to be taken shall be determined as needed for criminal investigation. An approval decision shall be valid for three months from the date issued. When technical investigation measures are no longer necessary, they shall be terminated in a timely manner;
or if it is necessary to continue to take technical investigation measures in a complicated or difficult case after the term of validity expires, the term of validity may be extended with approval, but each extension may not exceed three months.

Article 152
Where technical investigation measures are taken, such measures must be executed in strict accordance with the approved types, scopes of application, and terms.

The investigators shall keep confidential any state secret, trade secret, or personal privacy known in the course of taking technical investigation measures;
and must destroy in a timely manner materials irrelevant to a case acquired by taking technical investigation measures.

Materials acquired by taking technical investigation measures may only be used for criminal investigation, prosecution, and trial, and may not be used for other purposes.

When a public security organ takes technical investigation measures in accordance with law, the relevant entities and individuals shall provide cooperation and keep relevant information confidential.

Article 153
To fund out the fact of a case, when necessary, criminal investigation may be conducted by relevant personnel anonymously as decided by the chief of a public security organ. However, such personnel shall not induce others to commit a crime and shall not use a method which may compromise public security or cause any serious danger to personal safety.

For criminal activities involving the delivery of drugs and other contraband or property, a public security organ may, as needed for criminal investigation, conduct controlled delivery according to relevant legal provisions.

Article 154
Materials collected by taking technical investigation measures under this Section may be used as evidence in criminal proceedings. If any use of such evidence may endanger the personal safety of relevant persons or may cause other serious consequences, protective measures such as non-disclosure of the identity of relevant persons or relevant technical methods shall be taken. When necessary, evidence may be verified by judges out of court.

Section 9 Wanted Orders

Article 155
If a criminal suspect who should be arrested is a fugitive, a public security organ may issue a wanted order and take effective measures to pursue him for arrest and bring him to justice.

Public security organs at any level may directly issue wanted orders within the areas under their jurisdiction;
they shall request a higher-level authority with the proper power to issue such orders for areas beyond their jurisdiction.

Section 10 Conclusion of Investigation

Article 156
The time limit for holding a criminal suspect in custody during investigation after arrest shall not exceed two months. If the case is complex and cannot be concluded within the time limit, an extension of one month may be allowed with the approval of the people's procuratorate at the next higher level.

Article 157
If, due to special reasons, it is not appropriate to hand over a particularly grave and complex case for trial even within a relatively long period of time, the Supreme People's Procuratorate shall submit a report to the Standing Committee of the National People's Congress for approval of postponing the hearing of the case.

Article 158
With respect to the following cases, if investigation cannot be concluded within the time limit specified in Article 156 of this Law, an extension of two months may be allowed upon approval or decision by the people's procuratorate of a province, autonomous region or centrally-administered municipality:

(1) Grave and complex cases in outlying areas where traffic is most inconvenient;

(2) Grave cases that involve criminal gangs;

(3) Grave and complex cases that involve people who commit crimes from one place to another;
and

(4) Grave and complex cases that involve various quarters and for which it is difficult to obtain evidence.

Article 159
If in the case of a criminal suspect who may be sentenced to fixed-term imprisonment of 10 years at least, investigation of the case can still not be concluded upon expiration of the extended time limit as provided in Article 158 of this Law, another extension of two months may be allowed upon approval or decision by the people's procuratorate of a province, autonomous region or centrally-administered municipality.

Article 160
If, during the period of investigation, a criminal suspect is found to have committed other major crimes, the time limit for holding the criminal suspect in custody during investigation shall be recalculated, in accordance with the provisions of Article 156 of this Law, from the date on which such crimes are found.

If a criminal suspect does not tell his true name and address and his identity is unknown, the time limit for holding him in custody during investigation shall be calculated from the date on which his identity is found out. However, before then, the investigation into his crime and obtaining of evidence shall not be ceased. If the facts of a crime are clear and the evidence is reliable and sufficient, the case may be prosecuted or tried by the name claimed by the criminal suspect himself.

Article 161
Where, before the investigation of a case is closed, the defense lawyer files a request for presenting an opinion, the criminal investigation authority shall hear the opinion of the defense lawyer and record it. A written opinion of the defense lawyer, if any, shall be attached to the case file.

Article 162
To close the investigation of a case, a public security organ shall ensure that the facts of a crime are clear and evidence is hard and sufficient, prepare a written prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision along with the case file and evidence, and, at the same time, inform a criminal suspect and the defense lawyer thereof of the transfer.

If the criminal suspect voluntarily pleads guilty and accepts punishment, such information shall be recorded, archived, transferred with the case, and stated in the prosecution opinion.

Article 163
Where it is discovered during investigation that a criminal suspect's criminal responsibility should not have been investigated, the case shall be dismissed;
where the criminal suspect is under arrest, he shall be released immediately and issued a release certificate, and the people's procuratorate which originally approved the arrest shall be notified.

Section 11 Investigation of a Case Directly Accepted by a People's Public Procuratorate

Article 164
Investigation of cases directly accepted by people's procuratorates shall be governed by the provisions of this Chapter.

Article 165
If a case directly accepted by a people's procuratorate conforms with the conditions provided in Article 81 and in item (4) or item (5) of Article 82 of this Law, thus arrest or detention of the criminal suspect is necessitated, the decision thereon shall be made by the people's procuratorate and executed by a public security organ.

Article 166
A detainee in a case directly accepted by a people's procuratorate shall be interrogated within 24 hours after detention. If it is discovered that the person should not have been detained, the person must be immediately released, and a certificate of release shall be issued to the person.

Article 167
If a people's procuratorate deems it necessary to arrest a detainee in a case directly accepted by the people's procuratorate, it shall make a decision within 14 days after detention. Under special circumstances, the time limit for deciding an arrest may be extended by one to three days. If arrest is not necessary, the detainee shall be released immediately;
or if further investigation is necessary and the detainee meets the conditions for being released upon bail pending trial or residential surveillance, the detainee shall be bailed or placed under residential surveillance in accordance with law.

Article 168
After a people's procuratorate has concluded its investigation of a case, it shall make a decision to initiate public prosecution, not to initiate a prosecution or to dismiss the case.

Chapter III Initiation of a Public Prosecution

Article 169
All cases requiring initiation of a public prosecution shall be examined for decision by the people's procuratorates.

Article 170
For a case transferred by the supervisory authorities for prosecution, the people's procuratorate shall examine such case in accordance with the relevant provisions of this Law and the Supervision Law. If the people's procuratorate, after examination, believes that supplementary verification is required, return the case to the original supervisory authorities for supplementary investigation, and may also supplement supplementary investigation by itself, if necessary.

For a case subject to retention measures by the supervisory authorities, the people's procuratorate shall first detain the criminal suspect involved and then such measure will be automatically lifted. The people's procuratorate shall make a decision on whether to arrest, release on bail pending trial or surveil the residence within ten days of the detention. The time limit for such decision may be extended by one to four days under extraordinary circumstances, and the period during which the people's procuratorate decides to adopt coercive measures shall not be included in the period of examination for prosecution.

Article 171
In examining a case, a people's procuratorate shall ascertain:

(1) Whether the facts and circumstances of the crime are clear, whether the evidence is reliable and sufficient and whether the charge and the nature of the crime has been correctly determined;

(2) Whether there are any crimes that have been omitted or other persons whose criminal liability should be investigated;

(3) Whether it is a case in which criminal liability should not be investigated;

(4) Whether the case has an incidental civil action;
and

(5) Whether the investigation of the case is being lawfully conducted.

Article 172
The people's procuratorate shall make a decision within one month for a case transferred by the supervisory authorities or the public security authorities for prosecution;
an extension of a fifteen days is allowed for major and complicated cases. If the criminal suspect pleads guilty and accepts punishment, which meets the conditions for the application of expedited procedures, the people's procuratorate shall make such decision within ten days;
for those that may involve fixed-term imprisonment of over one year, the said time limit may be extended to fifteen days.

If jurisdiction over a case to be examined and prosecuted by a people's procuratorate is altered, the time limit for examination and prosecution shall be calculated from the date on which another people's procuratorate receives the case after the alteration.

Article 173
When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the defender or the duty lawyer, the victim and his/her agent ad litem, and record them in case files. Written opinions given by the defender or the duty lawyer, the victim and his/her agent ad litem shall be attached to the case files.

If the criminal suspect pleads guilty and accepts punishment, the people's procuratorate shall inform him/her of his/her litigation rights and legal provisions on plea of guilty, and listen to the opinions of the criminal suspect, the defender or the duty lawyer, the victim and his/her agent ad litem on the following matters, and record such opinions in the case files:

(1) The corpus delicti , charged crimes and applicable legal provisions;

(2) Recommendations on lightened or mitigated punishment or exemption from punishment;

(3) Procedures applicable to trials after plea of guilty and punishment acceptance;
and

(4) Other circumstances where opinions should be sought.

If the people's procuratorate seeks opinions from the duty lawyer in accordance with the provisions of the preceding two paragraphs, it shall provide the duty lawyer with necessary convenience for understanding the relevant circumstances of the case in advance.

Article 174
Any criminal suspect who voluntarily pleads guilty, accepts punishment and agrees on the sentencing recommendation and applicable procedures shall sign an affidavit on plea of guilty and punishment acceptance in the presence of his/her defender or the duty lawyer.

Under any of the following circumstances, the criminal suspect does not need to sign an affidavit on plea of guilty and punishment acceptance:

(1) Where the criminal suspect is blind, deaf or dumb, or a mentally ill person who has not completely lost his/her identification ability or his/her ability to control his/her conduct;

(2) Where the agent ad litem or defender of a minor criminal suspect has an objection to the plea of guilt and punishment acceptance by the minor;
or

(3) Other circumstances under which it is not necessary to sign the said affidavit."

Article 175
When examining a case, a people's procuratorate may require a public security organ to provide evidence necessary for the trial of the case in court;
and, if believing that any evidence may have been illegally collected as described in Article 56 of this Law, may require the public security organ to explain the legality of collection of evidence.

A people's procuratorate may remand the case to a public security organ for supplementary investigation or conduct the investigation itself.

In cases where supplementary investigation is to be conducted, it shall be completed within one month. Supplementary investigation may be conducted twice at most. When supplementary investigation is completed and the case is transferred to the people's procuratorate, the time limit for examination and prosecution shall be recalculated by the people's procuratorate.

Where, after supplementary investigation has been conducted twice for a case, a people's procuratorate still deems that evidence is insufficient and the case does not meet the conditions for a prosecution, the people's procuratorate may decide not to initiate a prosecution.

Article 176
Where a people's procuratorate deems that the facts of a criminal suspect's crime are clear, that evidence is hard and sufficient, and that the criminal suspect shall be subject to criminal liability, it shall make a decision to initiate a prosecution;
and, according to the provisions on trial jurisdiction, initiate a public prosecution in a People's Court and transfer the case file and evidence to the people's court.

For a criminal suspect who pleads guilty and accepts punishment, the people's procuratorate may make sentencing recommendations on principal penalty, accessory penalty, whether the probation is applicable, etc. and transfer the affidavit for plea of guilty and punishment acceptance and other materials with the case at the same time.

Article 177
Where a criminal suspect has no criminal facts or falls under any of the circumstances as set forth in Article 16 of this Law, a people's procuratorate shall make a decision not to initiate a prosecution.

With respect to a case that is minor and the offender need not be given criminal punishment or need be exempted from it according to the Criminal Law, the people's procuratorate may decide not to initiate a prosecution.

The people's procuratorate that decides not to prosecute shall simultaneously release the property sealed, seized or frozen in the investigation. If it is necessary to impose administrative penalty or sanctions against the person who is not prosecuted or have the said person's illegal gains confiscated, the people's procuratorate shall give its procuratorial opinions and transfer the case to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the handling result.

Article 178
A decision not to initiate a prosecution shall be announced publicly, and the decision shall, in written form, be served on the person who is not to be prosecuted and his employer. If the said person is in custody, he shall be released immediately.

Article 179
With respect to a case transferred by a public security organ for prosecution, if the people's procuratorate decides not to initiate a prosecution, it shall serve the decision in writing on the public security organ. If the public security organ considers that the decision not to initiate a prosecution is wrong, it may demand reconsideration, and if the demand is rejected, it may submit the matter to the people's procuratorate at the next higher level for review.

Article 180
If the people's procuratorate decides not to initiate a prosecution with respect to a case that involves a victim, it shall serve the decision in writing on the victim. If the victim refuses to accept the decision, he may, within seven days after receiving the written decision, present a petition to the people's procuratorate at the next higher level and request the latter to initiate a public prosecution. The people's procuratorate shall notify the victim of its decision made after reexamination. If the people's procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit in a People's Court. The victim may also bring a lawsuit directly in a people's court without presenting a petition first. After the people's court has accepted the case, the people's procuratorate shall transfer the relevant case file to the people's court.

Article 181
If the person against whom a people's procuratorate decides, in accordance with the provisions of the second paragraph of Article 177 of this Law, not to initiate a prosecution still refuses to accept the decision, he may present a petition to the people's procuratorate within seven days after receiving the written decision. The people's procuratorate shall make a decision to conduct a reexamination, notify the person against whom no prosecution is to be initiated and at the same time send a copy of the decision to the public security organ.

Article 182
Where a criminal suspect confesses the fact of a suspected crime voluntarily and truthfully, there is a major meritorious service or the case involves major State interests, upon examination and approval by the Supreme People's Procuratorate, the public security authorities may withdraw the case, or may decide not to institute a prosecution, or may not institute a prosecute for one or more alleged offenses.

Where a case is not prosecuted or is withdrawn in accordance with the provisions of the preceding paragraph, the people's procuratorate and the public security authorities shall promptly handle the property sealed, seized or frozen as well as the fruits thereof.

Part III Trial

Chapter I Trial Organisations

Article 183
The trial of a first-instance case by a primary people's court or an intermediate people's court shall be conducted by a collegiate panel composed of three judges or of a total of three or seven judges and people's jurors. However, the trial of a case to which summary procedures or expedited procedures apply by a primary people's court may be tried by a single judge alone. .

The trial of a first-instance case by the high people's court shall be conducted by a collegiate panel composed of three to seven judges or of a total of three or seven judges and people's jurors.

The trial of a first-instance case by the Supreme People's Court shall be conducted by a collegial panel composed of three to seven judges.

The trial of an appeal or protest by a people's court shall be conducted by a collegial panel composed of three or five judges.

The member of a collegiate panel shall be odd in number.

Article 184
If opinions differ when a collegial panel conducts its deliberations, a decision shall be made in accordance with the opinions of the majority, but the opinions of the minority shall be entered in the records. The records of the deliberations shall be signed by the members of the collegial panel.

Article 185
After the hearings and deliberations, the collegial panel shall render a judgment. With respect to a difficult, complex or major case, on which the collegial panel considers it difficult to make a decision, the collegial panel shall refer the case to the president of the court for him to decide whether to submit the case to the judicial committee for discussion and decision. The collegial panel shall execute the decision of the judicial committee.

Chapter II Procedures of First Instance

Section 1 Cases of Public Prosecution

Article 186
After examining a public prosecution initiated, a people's court shall decide to hold a court session to hear the case if the charges in the indictment are based on clear facts.

Article 187
After deciding to hold a court session to hear a case, a people's court shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate upon the defendant and the defender thereof no later than ten days before the court session is opened.

Before a court session is opened, the judges may call together the public prosecutor, parties concerned, defenders, and agents ad litem to gather information and hear opinions on trial-related issues, such as challenges, a list of witnesses to testify in court, and exclusion of illegally obtained evidence.

After determining the opening date of a court session, a people's court shall notify the people's procuratorate of the opening time and place of the court session, summon the parties concerned, notify the defenders, agents ad litem, witnesses, identification or evaluation experts, and interpreters, and serve the summons and notices no later than three days before the court session is opened. If a case is to be heard openly, the cause of action, the name of the defendant, and the opening time and place of the court session shall be announced no later than three days before the court session is opened.

The above proceedings shall be recorded in the transcripts, which shall be signed by the judges and court clerk.

Article 188
A people's court of first instance shall hear cases openly. However, a case involving any state secret or personal privacy shall not be heard in open court;
and a case involving any trade secret may be heard in camera if the party concerned files such a request.

The reasons for hearing a case in camera shall be announced in court.

Article 189
When a case of public prosecution is heard by a people's court, the people's procuratorate shall send procurators to appear before court to support the public prosecution.

Article 190
When a court session opens, the presiding judge shall ascertain if all the parties have appeared in court and announce the cause of action. He shall announce the roll, naming the members of the collegial panel, the court clerk, the public prosecutor, the defender, agent ad litem, the expert witnesses and the interpreter;
he shall inform the parties of their right to apply for challenge against any member of the collegial panel, the court clerk, the public prosecutor, any expert witnesses or the interpreter;
and he shall inform the defendant of his right to defence.

Where the defendant pleads guilty and accepts punishment, the chief judge shall inform the defendant of his/her litigation right and legal provisions on plea of guilty and punishment acceptance, and examine the voluntariness of his/her plea of guilty and punishment acceptance as well as the authenticity and legitimacy of the contents of the affidavit on plea of guilty and punishment acceptance.

Article 191
After the public prosecutor has read out the bill of prosecution in court, the defendant and the victim may present statements regarding the crime accused in the bill of prosecution, and the public prosecutor may interrogate the defendant.

The victim, the plaintiff and defender in an incidental civil action and the agents ad litem may, with the permission of the presiding judge, put questions to the defendant.

The judges may interrogate the defendant.

Article 192
Where the public prosecutor or a party concerned or the defender or agent ad litem thereof raises any objection to a witness statement which has a material impact on the conviction and sentencing of a case, the witness shall testify before court if the people's court deems it necessary.

Where a people's police officer testifies before court regarding a crime witnessed in line of duty, the preceding paragraph shall apply.

Where the public prosecutor or a party concerned or the defender or agent ad litem thereof raises any objection to an expert opinion, the identification or evaluation expert shall testify before court if the people's court deems it necessary. If the identification or evaluation expert refuses to do so after being notified by the people's court, the expert opinion may not be used as a basis for deciding the case.

Article 193
Where, after being notified by a people's court, a witness refuses to testify before court without justifiable reasons, the people's court may force the witness to appear before court, unless the witness is the spouse, a parent, or a child of the defendant.

A witness who refuses to appear before court or refuses to testify after appearing before court without justifiable reasons shall be admonished;
and if the circumstances are serious, with the approval of the president of the people's court, the witness may be detained for not more than 10 days. Against the detention decision, the detainee may apply to the people's court at the next higher level for reconsideration. Execution of the detention decision shall not be suspended pending reconsideration.

Article 194
Before a witness gives testimony, the judges shall instruct him to give testimony truthfully and explain to him the legal liability that shall be incurred for intentionally giving false testimony or concealing criminal evidence. The public prosecutor, the parties, the defenders and agents ad litem, with the permission of the presiding judge, may question the witnesses and expert witnesses. If the presiding judge considers any questioning irrelevant to the case, he shall put a stop to it.

The judges may question the witnesses and expert witnesses.

Article 195
The public prosecutor and the defenders shall show the material evidence to the court for the parties to identify;
the records of testimony of witnesses who are not present in court, the conclusions of expert witnesses who are not present in court, the records of inquests and other documents serving as evidence shall be read out in court. The judges shall heed the opinions of the public prosecutor, the parties, the defenders and the agents ad litem.

Article 196
During a court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment, in order to carry out investigation to verify the evidence.

When carrying out investigation to verify evidence, the people's court may conduct inquest, examination, seizure, impoundment, expert evaluation, as well as inquiry and freeze.

Article 197
During a court hearing, the parties, the defenders and agents ad litem shall have the right to request new witnesses to be summoned, new material evidence to be obtained, a new expert evaluation to be made, and another inquest to be held.

The public prosecutor or a party concerned or the defender or agent ad litem thereof may request the court to call a person with expertise to appear before court to offer an opinion on the expert opinion of an identification or evaluation expert.

The court shall make a decision whether to grant the above-mentioned requests.

Where a person with expertise appears before court under paragraph 2 hereof, the relevant provisions on identification or evaluation experts shall apply.

Article 198
In a court session, any fact or evidence related to conviction or sentencing shall be investigated and debated.

With the permission of the presiding judge, the public prosecutor or a party concerned or the defender or agent ad litem thereof may present opinions on the evidence and merits of a case and debate with opposing parties.

After the presiding judge declares an end of debate, the defendant shall have the right to present a final statement.

Article 199
If any participant in the proceedings of a trial or by-stander violates the order of the courtroom, the presiding judge shall warn him to desist. If any person fails to obey, he may forcibly be taken out of the courtroom. If the violation is serious, the person shall be fined not more than 1,000 yuan or detained not more than 15 days. The fine or detention shall be subject to approval of the president of the court. If the person under punishment is not satisfied with the decision on the fine or detention, he may apply to the People's Court at the next higher level for reconsideration. However, the execution of the fine or detention shall not be suspended during the period of reconsideration.

Whoever assembles a crowd to make an uproar or charges into the courtroom, or humiliates, slanders, intimidates or beats up judicial officers or participants in the proceedings, thereby seriously disturbing the order of the courtroom, which constitutes a crime, shall be investigated for criminal liability according to law.

Article 200
After a defendant makes his final statement, the presiding judge shall announce an adjournment and the collegial panel shall conduct its deliberations and, on the basis of the established facts and evidence and in accordance with the provisions of relevant laws, render one of the following judgments:

(1) If the facts of a case are clear, the evidence is reliable and sufficient, and the defendant is found guilty in accordance with law, he shall be pronounced guilty accordingly;

(2) If the defendant is found innocent in accordance with law, he shall be pronounced innocent accordingly;

(3) If the evidence is insufficient and thus the defendant cannot be found guilty, he shall be pronounced innocent accordingly on account of the fact that the evidence is insufficient and the accusation unfounded.

Article 201
When rendering an judgement for a case of plea of guilty and punishment acceptance, the people's court shall generally adopt the offence charged and sentencing recommendations proposed by the people's procuratorate in accordance with law, except for the following circumstances:

(1) where the defendant's conduct does not constitute a crime or shall not be subject to criminal liability;

(2) where the defendant pleads guilty and accepts punishment against his/her wills;

(3) where defendant denies the corpus delicti charged;

(4) where the offence charged in the prosecution is inconsistent with those found in the trial;
or

(5) other circumstances that may affect the impartial trial of the case.

Where the people's court believes that the sentencing recommendation is obviously improper, or where the defendant or the defender raises an objection to the sentencing recommendation, the people's procuratorate may adjust the sentencing recommendation. If the people's procuratorate fails to adjust the sentencing recommendation or it is still obviously improper after adjustment, the people's court shall render a judgment in accordance with the law.

Article 202
In all cases, judgments shall be pronounced publicly.

Where a sentence is announced at the end of a court session, a written sentence shall be served within five days upon the parties concerned and the people's procuratorate that initiated the public prosecution;
or, if the announcement of a sentence is scheduled for a later date, a written sentence shall be served immediately after announcement upon the parties concerned and the people's procuratorate that indicated the public prosecution. At the same time, a written sentence shall be served upon a defender and an agent ad litem.

Article 203
A written sentence shall be signed by the judges and court clerk and indicate the time limit for appeal and name of the appellate court.

Article 204
A hearing may be postponed if during a trial one of the following situations affecting the conduct of the trial occurs:

(1) If it is necessary to summon new witnesses, obtain new material evidence, make a new expert evaluation or hold another inquest;

(2) If the procurators find that a case for which public prosecution has been initiated requires supplementary investigation, and they make a proposal to that effect;
or

(3) if the trial cannot proceed for a request for challenge.

Article 205
If the hearings of a case is postponed in accordance with the provisions of item (2) of Article 204 of this Law, the people's procuratorate shall complete the supplementary investigation within one month.

Article 206
Where any of the following circumstances occurs during the trial of a case, which makes the trial impossible for a relatively long period of time, the trial may be suspended:

(1) the defendant is unable to appear before court for suffering a serious illness;

(2) the defendant has escaped;

(3) the private prosecutor is unable to appear before court for suffering a serious illness and has not retained an agent ad litem to appear before court;
or

(4) there is any irresistible reason.

After the cause of suspension of a trial disappears, the trial shall be resumed. The time of suspension of a trial shall not be counted in the period of trial.

Article 207
The court clerk shall make a written record of the entire court proceedings, which shall be examined by the presiding judge and then signed by him and the court clerk.

That portion of the courtroom record comprising the testimony of witnesses shall be read out in court or given to the witnesses to read. After the witnesses acknowledge that the record is free of error, they shall sign or affix their seals to it.

The courtroom record shall be given to the parties to read or shall be read out to them. If a party considers that there are omissions or errors in the record, he may request additions or corrections to be made. After the parties acknowledge that the record is free of error, they shall sign or affix their seals to it.

Article 208
A people's court shall announce a sentence for a case of public prosecution within two months, or three months at the latest, after accepting the case. For a case with the possibility of a death penalty or a case with an incidental civil action or under any of the circumstances as set forth in Article 158 of this Law, the period of trial may be extended for three months with the approval of the people's court at the next higher level;
and, if more extension is needed under special circumstances, the extension shall be reported to the Supreme People's Court for approval.

If jurisdiction of a people's court over a case is altered, the time limit for handling the case shall be calculated from the date on which another People's Court receives the case after the alteration.

As to a case for which a people's procuratorate has to conduct supplementary investigation, the people's court shall start to calculate anew the time limit for handling the case after the supplementary investigation has been completed and the case has been transferred to it.

Article 209
If a people's procuratorate discovers that in handling a case a People's Court has violated the litigation procedure prescribed by law, it shall have the power to suggest to the people's court that it should set it right.

Section 2 Cases of Private Prosecution

Article 210
Cases of private prosecution include the following:

(1) Cases to be handled only upon complaint;

(2) Cases for which the victims have evidence to prove that those are minor criminal cases;
and

(3) Cases for which the victims have evidence to prove that the defendants should be investigated for criminal liability according to law because their acts have infringed upon the victims' personal or property rights, whereas, the public security organs or the people's procuratorates do not investigate the criminal liability of the accused.

Article 211
After examining a case of private prosecution, the people's court shall handle it in one of the following manners in light of the different situations:

(1) If the facts of the crime are clear and the evidence is sufficient, the case shall be tried at a court session;
or

(2) In a case of private prosecution for which criminal evidence is lacking, if the private prosecutor cannot present supplementary evidence, the court shall persuade him to withdraw his prosecution or order its rejection.

If a private prosecutor, having been served twice with a summons according to law, refuses to appear in court without justifiable reasons, or if he withdraws from a court session without permission of the court, the case may be considered withdrawn by him.

If during the trial of a case the judges have doubts about the evidence and consider it necessary to conduct investigation to verify the evidence, the provisions of Article 196 of this Law shall apply.

Article 212
A people's court may conduct mediation in a case of private prosecution;
and the private prosecutor may voluntarily reach a settlement with the defendant or withdraw the private prosecution before a sentence is announced. Mediation shall not apply to a case as described in item (3), Article 210 of this Law.

The period for a people's court to try a case of private prosecution shall be governed by paragraph 1 or 2, Article 208 of this Law if the defendant is in custody;
or a sentence shall be announced within six months after the case is accepted if the defendant is not in custody.

Article 213
In the process of the proceedings, the defendant in a case of private prosecution may raise a counterclaim against the private prosecutor. The provisions governing private prosecutions shall apply to counterclaims.

Section 3 Summary Procedures

Article 214
A case under the jurisdiction of a basic-level people's court may be heard under summary procedures, if the following conditions are met:

(1) the facts of a case are clear and evidence is sufficient;

(2) the defendant confesses his/her crime and raises no objection to the charges;
and

(3) the defendant raises no objection to the application of summary procedures.

When initiating a public prosecution, a people's procuratorate may suggest that the People's Court apply summary procedures.

Article 215
Under any of the following circumstances, summary procedures shall not apply:

(1) the defendant suffers vision, hearing, or speech impairment or is a mental patient who has not completely lost the ability to recognize or control his/her behavior;

(2) the case has a significant social impact;

(3) in a joint crime, some defendant pleads not guilty or raises an objection to the application of summary procedures;
or

(4) the application of summary procedures is otherwise inappropriate.

Article 216
In a case under summary procedures, if the defendant may be sentenced to a fixed-term imprisonment of three years or a lighter punishment, the case may be tried by a collegial panel or a sole judge;
and if the defendant may be sentenced to a fixed-term imprisonment of more than three years, a collegial panel must be formed to try the case.

For a case of public prosecution under summary procedures, the people's procuratorate shall send procurators to appear before court.

Article 217
When trying a case under summary procedures, a judge shall ask for the defendant's opinion on the charges, inform the defendant of the legal provisions on application of summary procedures, and confirm whether the defendant agrees on the application of summary procedures.

Article 218
In a case under summary procedures, the defendant and his/her defender may, with the permission of a judge, debate with the public prosecutor or private prosecutor and his/her agent ad litem.

Article 219
The trial of a case under summary procedures shall not be subject to the provisions of Section I of this Chapter regarding the time limit for service of process and the procedures for questioning the defendant, witnesses, and identification or evaluation experts, adducing evidence, and debating in court. However, before a sentence is announced, the final statement of the defendant shall be heard.

Article 220
For a case under summary procedures, a people's court shall close the case within 20 days after accepting it;
or, if the defendant may be sentenced to a fixed-term imprisonment of more than three years, the above period may be extended to one and a half months.

Article 221
If in the course of trying a case a people's court discovers that summary procedures are not appropriate for the case, it shall try it anew in accordance with the provisions in Section I or Section II of this Chapter.

Section 4 Expedited Procedures

Article 222
For a case under the jurisdiction of a primary people's court that may be sentenced to a fixed-term imprisonment of not more than three years, if the facts of the case are clear and the evidence is true and sufficient, and the defendant pleads guilty and agrees to the application of the expedited procedures, the expedited procedures may apply, and such case shall be tried solely by one judge.

The people's procuratorate instituting a public prosecution may recommend the people's court to apply the expedited procedures.

Article 223
Under any of the following circumstances, the expedited procedures shall not apply:

(1) where the defendant is blind, deaf or dumb, or a mentally ill person who has not completely lost identification ability or the ability to control his/her conduct;

(2) where the defendant is a minor;

(3) where the case has a major social impact;

(4) Some defendants in a joint criminal offence have objections to the corpus delicti, charged, sentencing recommendations or the application of expedited procedures;

(5) where the defendant and the victim or his/her agent ad litem have not reached a mediation or settlement agreement on incidental civil action for compensation;
or

(6) Other circumstances to which the expedited procedures are not applicable.

Article 224
The trial of a case heard under expedited procedures shall not be subject to the limitation of the service period specified in the first section of this Chapter. Investigation or debate in court shall generally not be conducted. However, the defendant's opinion and the defendant's closing statement shall be heard before the judgment is issued.

The judgement of a case to which expedited procedures are applicable shall generally be announced at court.

Article 225
For a case to which the expedited procedure is applicable, the people's court shall conclude it within ten days of acceptance;
and for a case in which fixed-term imprisonment of more than one year may be imposed, the conclusion period may be extended to 15 days.

Article 226
During the trial, where the people's court finds that the defendant's conduct does not constitute a crime or that he/she shall not be subject to criminal liability, or that the defendant pleads guilty against his/her wills, or that the defendant denies the corpus delicti charged, or other circumstances to which expedite procedures are not applicable, the case shall be re-tried in accordance with the provisions of Section 1 or Section 3 of this Chapter.

Chapter III Procedures of Second Instance

Article 227
If a defendant, private prosecutor or their legal representatives refuse to accept the judgment or order of first instance made by a local people's court at any level, they shall have the right to appeal in writing or orally to the people's court at the next higher level. Defenders or close relatives of the defendant may, with the consent of the defendant, file appeals.

A party to an incidental civil action or his legal representative may file an appeal against that part of a judgment or order of first instance made by a local people's court at any level that deals with the incidental civil action.

A defendant shall not be deprived on any pretext of his right to appeal.

Article 228
If a local people's procuratorate at any level considers that there is some definite error in a judgment or order of first instance made by a people's court at the same level, it shall present a protest to the people's court at the next higher level.

Article 229
If the victim or his legal representative refuses to accept a judgment of first instance made by a local people's court at any level, he shall, within five days from the date of receiving the written judgment, have the right to request a people's procuratorate to present a protest. The people's procuratorate shall, within five days from the date of receiving the request made by the victim or his legal representative, decide whether to present the protest or not and give him a reply.

Article 230
The time limit for an appeal or a protest against a judgment shall be 10 days and the time limit for an appeal or a protest against an order shall be five days;
the time limit shall be counted from the day after the written judgment or order is received.

Article 231
If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal through the people's court which originally tried the case, the people's court shall within three days transfer the petition of appeal together with the case file and the evidence to the people's court at the next higher level;
at the same time it shall deliver duplicates of the petition of appeal to the people's procuratorate at the same level and to the other party.

If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal directly to the people's court of second instance, the people's court shall within three days transfer the petition of appeal to the people's court which originally tried the case for delivery to the people's procuratorate at the same level and to the other party.

Article 232
If a local people's procuratorate protests against a judgment or order of first instance made by the people's court at the same level, it shall present a written protest through the people's court which originally tried the case and send a copy of the written protest to the people's procuratorate at the next higher level. The people's court which originally tried the case shall transfer the written protest together with the case file and evidence to the people's court at the next higher level and shall deliver duplicates of the written protest to the parties.

If the people's procuratorate at the next higher level considers the protest inappropriate, it may withdraw the protest from the people's court at the same level and notify the people's procuratorate at the next lower level.

Article 233
A people's court of second instance shall conduct a complete review of the facts determined and the application of law in the judgment of first instance and shall not be limited by the scope of appeal or protest.

If an appeal is filed by only some of the defendants in a case of joint crime, the case shall still be reviewed and handled as a whole.

Article 234
A people's court of second instance shall form a collegial panel to hear the following case in a court session:

(1) an appellate case where a defendant or a private prosecutor or the legal representative thereof has raised any objection to the facts and evidence determined in the trial at first instance, which may affect conviction and sentencing;

(2) an appellate case where the defendant is sentenced to death penalty;

(3) a case appealed by the people's procuratorate;
and

(4) any other case which shall by heard in a court session.

Where a people's court of second instance decides not to hold a court session to hear a case, it shall arraign the defendant and hear the opinions of other parties concerned, defenders, and agents ad litem.

When a people's court of second instance opens a court session to hear a case of appeal or protest, it may do so in the place where the case occurred or in the place where the people's court which originally tried the case is located.

Article 235
For a case protested by a people's procuratorate or a case of public prosecution heard by a people's court of second instance in a court session, the people's procuratorate at the same level shall send procurators to appear before court. The people's court of second instance shall, after deciding to hold a court session to hear a case, notify the people's procuratorate in a timely manner to consult the case file. The people's procuratorate shall complete consultation of the case file within one month. The time for the people's procuratorate to consult the case file shall not be counted in the period of trial.

Article 236
After hearing a case of appeal or protest against a judgment of first instance, a people's court of second instance shall handle it in one of the following manners in light of the different situations:

(1) If the original judgment was correct in the determination of facts and the application of law and appropriate in the meting out of punishment, the people's court shall order rejection of the appeal or protest and affirm the original judgment.

(2) If the original judgment contained no error in the determination of facts but the application of law was incorrect or the punishment was inappropriately meted out, the people's court shall revise the judgment.

(3) If the facts in the original judgment were unclear or the evidence insufficient, the people's court may revise the judgment after ascertaining the facts, or it may rescind the original judgment and remand the case to the people's court which originally tried it for retrial.

Where a defendant appeals or the people's procuratorate presents a protest after the original trial court renders a sentence for a case remanded for retrial under item (3) of the preceding paragraph, the people's court of second instance shall render a sentence or order in accordance with law and may not remand the case again to the original trial court for retrial.

Article 237
A people's court of second instance which hears a case appealed by a defendant or his/her legal representative, defender, or close relative shall not aggravate the criminal punishment on the defendant. In a case remanded by the people's court of second instance to the original trial court for retrial, the original trial court shall not aggravate the criminal punishment on the defendant, unless there is any new crime and the people's procuratorate has initiated a supplementary prosecution.

The restriction laid down in the preceding paragraph shall not apply to cases protested by a people's procuratorate or cases appealed by private prosecutors.

Article 238
If a people's court of second instance discovers that when hearing a case, a people's court of first instance violates the litigation procedures prescribed by law in one of the following ways, it shall rule to rescind the original judgment and remand the case to the people's court which originally tried it for retrial:

(1) Violating the provisions of this Law regarding trial in public;

(2) Violating the challenge system;

(3) Depriving the parties of their litigation rights prescribed by law or restricting such rights, which may hamper impartiality of a trial;

(4) Unlawful formation of a judicial organisation;
or

(5) Other violations against the litigation procedures prescribed by law which may hamper impartiality of a trial.

Article 239
The people's court which originally tried a case shall form a new collegial panel for the case remanded to it for retrial, in accordance with the procedure of first instance. With respect to the judgment rendered after the retrial, an appeal or protest may be lodged in accordance with the provisions of Article 227, 228 or 229 of this Law.

Article 240
After a people's court of second instance has reviewed an appeal or protest against an order of first instance, it shall order rejection of the appeal or protest or rescind or revise the original order respectively with reference to the provisions of Article 236,238 or 239 of this Law.

Article 241
The people's court which originally tried a case shall calculate the time limit anew for the trial of the case remanded to it by the people's court of second instance from the date of receiving the case remanded.

Article 242
A people's court of second instance shall try cases of appeal or protest with reference to the procedure of first instance, in addition to applying the provisions in this Chapter.

Article 243
After accepting a case of appeal or protest, a people's court of second instance shall close the trial of the case within two months. For a case with the possibility of a death penalty or a case with an incidental civil action or under any of the circumstances as set forth in Article 158 of this Law, the period of trial may be extended by two months with the approval or decision of the higher people's court of a province, autonomous region, or centrally-administered municipality;
and, if more extension is needed under special circumstances, the extension shall be reported to the Supreme People's Court for approval.

The time limit for the Supreme People's Court to try a case of appeal or protest shall be decided by the Supreme People's Court.

Article 244
All judgments and orders of second instance and all judgments and orders made by the Supreme People's Court are final.

Article 245
A public security organ, a people's procuratorate, or a people's court shall properly preserve the seized, impounded, or frozen property of a criminal suspect or defendant, as well as the fruits thereof, for future examination and prepare a list, which shall be transferred along with a case. No entity or individual may misappropriate or dispose of such property without permission. The lawful property of a victim shall be returned to the victim in a timely manner. Contraband and perishable articles shall be disposed of according to the relevant provisions of the state.

Material objects used as evidence shall be transferred along with a case, and, if such transfer is not appropriate, a list, the photos, and other supporting documents of such objects shall be transferred along with the case.

The sentence of a people's court shall include the disposal of the seized, impounded, or frozen property and the fruits thereof.

After the sentence made by a people's court becomes effective, the relevant authority shall dispose of the seized, impounded, or frozen property and the fruits thereof in accordance with the sentence. All proceeds of crime that are seized, impounded, or frozen and the fruits thereof, except those legally returned to the victims, shall be turned over to the state treasury.

Judicial personnel who embezzle, misappropriate, or dispose without permission of the seized, impounded, or frozen property or the fruits thereof shall be subject to criminal liability in accordance with law;
or, if no crime is committed, shall be subject to a disciplinary action.

Chapter IV Procedure for Review of Death Penalty

Article 246
Death sentences shall be subject to approval by the Supreme People's Court.

Article 247
A case of first instance where an intermediate people's court has imposed a death sentence and the defendant does not appeal shall be reviewed by a higher people's court and submitted to the Supreme People's Court for approval. If the higher people's court does not agree with the death sentence, it may bring the case up for trial or remand the case for retrial.

Cases of first instance where a higher people's court has imposed a death sentence and the defendant does not appeal, and cases of second instance where a death sentence has been imposed shall all be submitted to the Supreme People's Court for approval.

Article 248
A case where an intermediate people's court has imposed a death sentence with a two-year suspension of execution, shall be subject to approval by a higher people's court.

Article 249
Reviews by the Supreme People's Court of cases involving death sentences and reviews by a higher people's court of cases involving death sentences with a suspension of execution shall be conducted by a collegial panel composed of three judges.

Article 250
The Supreme People's Court reviewing a death sentence shall make a ruling to approve or disapprove the death sentence. If the death sentence is disapproved, the Supreme People's Court may remand the case for retrial or render a new sentence.

Article 251
The Supreme People's Court reviewing a death sentence shall arraign the defendant and, if the defense lawyer files a request for presenting an opinion, hear the opinion of the defense lawyer.

During the review of a death sentence, the Supreme People's Procuratorate may present an opinion to the Supreme People's Court. The Supreme People's Court shall notify the Supreme People's Procuratorate of the review result.

Chapter V Procedure for Trial Supervision

Article 252
A party or his legal representative or his close relative may present a petition to a people's court or a people's procuratorate regarding a legally effective judgment or order, however, execution of the judgment or order shall not be suspended.

Article 253
Where the petition of a party or his/her legal representative or close relative meets any of the following conditions, a people's court shall conduct a retrial:

(1) there is new evidence to prove that the facts are erroneously determined in the original sentence or ruling, which may affect conviction and sentencing;

(2) the evidence on which conviction and sentencing are based is not hard and sufficient or shall be excluded in accordance with law, or the material evidence on the facts of the case contradicts each other;

(3) the application of law in the original sentence or ruling is incorrect;

(4) the statutory procedures are violated, which may affect an impartial trial;
or

(5) a judge committed embezzlement, bribery, or fraud for personal gains or bended the law when trying the case.

Article 254
If the president of a people's court at any level finds some definite error in a legally effective judgment or order made by the court as to the determination of facts or application of law, he shall refer the matter to the judicial committee for handling.

If the Supreme People's Court finds some definite error in a legally effective judgment or order made by a people's court at any lower level, or if a people's court at a higher level finds some definite error in a legally effective judgment or order made by a people's court at a lower level, it shall have the power to bring the case up for trial itself or may direct the people's court at a lower level to conduct a retrial.

If the Supreme People's Procuratorate finds some definite error in a legally effective judgment or order made by a people's court at any level, or if a people's procuratorate at a higher level finds some definite error in a legally effective judgment or order made by a people's court at a lower level, it shall have the power to present a protest to the people's court at the same level against the judgment or order in accordance with the procedure for trial supervision.

With respect to a case protested by a people's procuratorate, the people's court that has accepted the protest shall form a collegial panel for retrial;
if the facts, on the basis of which the original judgment was made, are not clear or the evidence is not sufficient, it may direct the people's court at the lower level to try the case again.

Article 255
Where a people's court at a higher level orders a people's court at a lower level to retry a case, it shall order a people's court at a lower level other than the original trial court to try the case;
but if it is more appropriate for the case to be retried by the original trial court, it may order the original trial court to retry the case.

Article 256
Where a people's court retries a case under the trial supervision procedure, a new collegial panel shall be formed if the retrial is conducted by the original trial court. If the case is originally tried by a court of first instance, it shall be retried under procedures at first instance and the sentence or ruling rendered may be appealed or pretested. If the case is originally tried by a court of second instance or is a case directly retried by a people's court at a higher level, it shall be retried under procedures at second instance and the sentence or ruling rendered shall be final.

When a people's court retries a case in a court session, the people's procuratorate at the same level shall send procurators to appear before the court.

Article 257
For a case which a people's court decides to retry, any necessary compulsory measure against a defendant shall be decided by the people's court;
or, for a case to be retried upon protest by a people's procuratorate, any necessary compulsory measure against a defendant shall be decided by the people's procuratorate.

For a case tried under the trial supervision procedures, a people's court may decide to suspend the execution of the original sentence or ruling.

Article 258
With respect to a case retried by a people's court under the procedure for trial supervision, it shall conclude the trial within three months from the day on which it makes the decision to bring the case up for trial itself or on which the decision is made for it to retry the case. If it is necessary to extend the time limit, the period shall not exceed six months.

The provisions of the preceding paragraph shall apply to the time limit for the trial of a protested case that is accepted by a people's court and is to be tried by it under the procedure for trial supervision. Where it is necessary to direct a people's court at a lower level to try a protested case again, a decision to such an effect shall be made within one month from the day on which the protested case is accepted;
the provisions of the preceding paragraph shall apply to the time limit for the trial of the case by the people's court at the lower level.

Part IV Execution

Article 259
Judgments and orders shall be executed after they become legally effective.

The following judgments and orders are legally effective:

(1) Judgments and orders against which no appeal or protest has been filed within the legally prescribed time limit;

(2) Judgments and orders of final instance;
and

(3) Judgments of the death penalty approved by the Supreme People's Court and judgments of the death penalty with a two-year suspension of execution approved by a higher people's court.

Article 260
If a defendant in custody is given the verdict of not guilty or exempted from criminal punishment by a people's court of first instance, he shall be released immediately after the judgment is pronounced.

Article 261
When a judgment of the death penalty with immediate execution is pronounced or approved by the Supreme People's Court, the President of the Supreme People's Court shall sign and issue an order to execute the death sentence.

If a criminal sentenced to death with a two-year suspension of execution does not intentionally commit another crime during the period of suspension of execution, and his punishment should be commuted upon the expiration of such period according to law, and the executive organ shall submit a written recommendation to a higher people's court for ruling;
if the criminal intentionally commits a crime, with wicked circumstances, which is proved to be true, the death penalty shall therefor be executed, and the higher people's court shall report the case to the Supreme People's Court for approval;
and if the criminal intentionally commits a crime but the death penalty is not executed, the period of death penalty with suspension of execution shall be recalculated, and the same shall be filed with the Supreme People's Court for the record.

Article 262
After receiving an order from the Supreme People's Court to execute a death sentence, a people's court at a lower level shall cause the sentence to be executed within seven days. However, under one of the following conditions the people's court at a lower level shall suspend execution and immediately submit a report to the Supreme People's Court for an order:

(1) If it is discovered before the execution that the sentence may contain an error;

(2) If, before the execution, the criminal exposes major criminal facts or renders other significantly meritorious service, thus the sentence may need to be revised;
or

(3) If the criminal is pregnant.

If the reason given in item (1) or (2) of the preceding paragraph which caused the suspension of the sentence has disappeared, the sentence may be executed only after a report is submitted to the President of the Supreme People's Court for him to sign and issue another order for execution of the death sentence. If execution is suspended for the reason given in item (3) of the preceding paragraph, a request shall be submitted to the Supreme People's Court for it to alter the sentence according to law.

Article 263
Before a people's court delivers a death sentence to be executed, it shall notify the people's procuratorate at the same level to send an officer to supervise the execution.

A death sentence shall be executed by such means as shooting or injection.

A death sentence may be executed on the execution ground or in a designated place of custody.

The judicial officer directing the execution shall verify the identity of the criminal, ask him if he has any last words or letters and then deliver him to the executioner for execution of the death sentence. If it is discovered before the execution that there may be an error, the execution shall be suspended and a report submitted to the Supreme People's Court for an order.

Executions of death sentences shall be announced but shall not be held in public.

After a death sentence is executed, the court clerk on the scene shall prepare a written record of it. The people's court that delivers the death sentence to be executed shall submit a report on the execution to the Supreme People's Court.

After a death sentence is executed, the people's court that delivers the death sentence to be executed shall notify the family members of the criminal.

Article 264
Where a criminal is delivered for execution of a criminal penalty, the people's court delivering the criminal for execution shall serve the relevant legal documents upon the public security organ, prison, or other execution authority within 10 days after the sentence takes effect.

A criminal sentenced to death penalty with a two-year suspension, life imprisonment, or fixed-term imprisonment shall be delivered by a public security organ to a prison for execution of the criminal penalty. Where a criminal is sentenced to fixed-term imprisonment but the remaining term of the penalty is not more than three months before the criminal is delivered for execution, the sentence shall be executed by a jail instead. For a criminal sentenced to criminal detention, the sentence shall be executed by a public security organ.

As to a juvenile delinquent, his criminal punishment shall be executed in a reformatory for juvenile delinquents.

An executive authority shall take a criminal into custody without delay and notify the family members of the criminal.

A criminal sentenced to fixed-term imprisonment or criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executive authority.

Article 265
Under any of the following circumstances, a criminal sentenced to fixed-term imprisonment or criminal detention may temporarily serve his/her sentence outside an incarceration facility:

(1) The criminal suffers a serious illness and needs to be released on bail for medical treatment;

(2) The criminal is a pregnant woman or a woman who is breastfeeding her own baby;
or

(3) The convict cannot live by himself or herself, and it will not cause any danger to the society for the criminal to temporarily serve his/her sentence outside an incarceration facility.

Under item (2) of the preceding paragraph, a criminal sentenced to life imprisonment may temporarily serve her sentence outside an incarceration facility.

If the release of a criminal on bail for medical treatment may cause any danger to the society or a criminal suffers any self-inflicted injury or disability, the criminal may not be released on bail for medical treatment.

If a criminal suffers a serious illness and must be released on bail for medical treatment, a hospital designated by the people's government at the provincial level shall conduct diagnosis and issue a supporting document.

Before a criminal is delivered for execution of a criminal penalty, whether the criminal temporarily serves his/her sentence outside an incarceration facility shall be decided by the people's court which delivers the criminal for execution of the criminal penalty;
after a criminal is delivered for execution of a criminal penalty, regarding a criminal's temporarily serving a sentence outside an incarceration facility, the prison or jail shall prepare a written opinion, which shall be reported to the prison administrative authority at or above the provincial level or the public security authority at or above the level of a city divided into districts for approval.

Article 266
A prison or jail which prepares a written opinion on a criminal's temporarily serving a sentence outside an incarceration facility shall send a copy of the written opinion to a people's procuratorate. The people's procuratorate may provide a written opinion to the deciding or approving authority.

Article 267
The authority which decides or approves a convict's temporarily serving a sentence outside an incarceration facility shall send a copy of its decision to the people's procuratorate. Deeming the temporary serving of a sentence outside an incarceration facility improper, the people's procuratorate shall, within one month from the date of receiving the notification, submit a written opinion to the deciding or approving authority, and the deciding or approving authority shall reexamine its decision immediately after receiving the written opinion of the people's procuratorate.

Article 268
Under any of the following circumstances, a criminal temporarily serving his or her sentence outside an incarceration facility shall be taken back to prison in a timely manner:

(1) it is discovered that the criminal does not meet the conditions for temporarily serving a sentence outside an incarceration facility;

(2) the criminal has seriously violated the provisions on supervision and management of criminals temporarily serving a sentence outside an incarceration facility;
or

(3) The circumstances allowing a criminal's serving a sentence outside an incarceration facility disappear and the criminal's term of sentence has not expired.

Where a criminal who temporarily serves a sentence outside an incarceration facility as decided by a people's court shall be taken back to prison, a decision shall be made by the people's court, and the relevant legal documents shall be served upon the public security organ, prison, or other execution authority.

Where a criminal who does not meet the conditions for temporarily serving a sentence outside an incarceration facility is permitted to temporarily serve a sentence outside an incarceration facility by illegal means such as bribery, the time served outside an incarceration facility shall not be counted in the executed period of punishment. If a criminal escapes during the period of temporarily serving a sentence outside an incarceration facility, the period of escape shall not be counted in the executed period of punishment.

Where a criminal dies during the period of temporarily serving a sentence outside an incarceration facility, the execution authority shall notify the prison or jail without delay.

Article 269
A criminal who is sentenced to supervision without incarceration, is granted probation or parole, or temporarily serving a sentence outside an incarceration facility shall be subject to community correction, which shall be executed by a community correction institution according to law.

Article 270
For a criminal sentenced to deprivation of political rights, the penalty shall be executed by a public security organ. After the criminal finishes serving the sentence, the execution authority shall notify in writing the criminal, his/her employer, and the basic organizations at the place of his/her residence.

Article 271
If a criminal sentenced to a fine fails to pay the fine within the time limit, the people's court shall compel him/her to pay;
if he/she has true difficulty to make payment due to an disaster of force majeure or other reasons, upon a ruling by the people's court, the payment may be postponed, reduced or exempted as appropriate.

Article 272
All judgments on confiscation of property, whether imposed as a supplementary punishment or independently, shall be executed by a people's court;
when necessary, the people's court may execute such judgments jointly with a public security organ.

Article 273
Where a criminal commits a crime again while serving his sentence, or where a criminal act that is discovered was not known at the time of judgment, he shall be transferred by the executing authority to a people's procuratorate for handling.

Where a criminal sentenced to supervision without incarceration, criminal detention, fixed-term imprisonment, or life imprisonment shows true repentance or has meritorious acts while serving his/her sentence and shall be granted commutation or parole in accordance with law, the execution authority shall prepare a written recommendation, report to the people's court for examination and decision, and send a copy of the written recommendation to the people's procuratorate. The people's procuratorate may provide a written opinion to the people's court.

Article 274
If a people's procuratorate considers that the order on commutation of sentence or on parole made by a people's court is improper, it shall, within 20 days from the date of receiving a copy of the written order, submit a written recommendation to the people's court for correction. The people's court shall, within one month from the date of receiving the recommendation, form a new collegial panel to handle the case and render a final order.

Article 275
If, during execution of a criminal punishment, a prison or any other executing authority believes that there is an error in the judgment or the criminal lodges a petition, it shall refer the matter to a people's procuratorate or a people's court that pronounced the original judgment for handling.

Article 276
People's procuratorates shall supervise the execution of criminal punishments by an executing authority to see if the execution conforms to law. If they discover any illegalities, they shall notify the executing authority to correct them.

Part V Special Procedures

Chapter I Procedures for Juvenile Criminal Cases

Article 277
For juvenile criminals, the policy of education, reformation, and redemption shall apply, and the principle of education assisted by punishment shall be followed.

When handling juvenile criminal cases, a people's court, a people's procuratorate, and a public security organ shall ensure that juveniles are able to exercise their procedural rights, ensure that they receive legal assistance, and assign judges, prosecutors, and investigators who are familiar with the physical and psychological characteristics of juveniles to handle such cases.

Article 278
For a juvenile criminal suspect or defendant who has not retained a defender, a people's court, a people's procuratorate, or a public security organ shall notify a legal aid agency to assign a lawyer to defend him/her.

Article 279
When handling juvenile criminal cases, a people's court, a people's procuratorate, and a public security organ may, according to the actual circumstances, investigate the growth, cause of crime, guardianship, education, and other aspects of the juvenile criminal suspect or defendant.

Article 280
An arrest of a juvenile criminal suspect or defendant shall be under strict control. Before approving or deciding an arrest, a people's procuratorate or a people's court shall arraign a juvenile criminal suspect or defendant and hear the opinion of his/her defense lawyer.

Juveniles and adults who are detained or arrested or are serving criminal penalties shall be held in custody, managed, and educated separately.

Article 281
During the interrogation and trial of a juvenile criminal case, the legal representative of a juvenile criminal suspect or defendant shall be notified to be present. If such notification is impossible, the legal representative is unable to be present, or the legal representative is an accomplice, any other adult relative of the juvenile criminal suspect or defendant or a representative of his/her school or employer, a basic organization at the place of his/her residence, or a juvenile protection organization may be notified to be present, and relevant circumstances shall be recorded. The present legal representative may exercise the procedural rights of the juvenile criminal suspect or defendant on his/her behalf.

Deeming that case-handling personnel have infringed the juvenile's lawful rights and interests in the course of interrogation or trial, the present legal representative or other person may present an opinion. The interrogation or court transcripts shall be handed over to the present legal representative or other person for reading or be read out to the present legal representative or other person.

When a female juvenile criminal suspect is interrogated, there shall be a female staff member present.

In the trial of a juvenile criminal case, after the juvenile defendant delivers his/her final statement, his/her legal representative may make a supplementary statement.

Paragraphs 1, 2, and 3 hereof shall apply to the interview or questioning of juvenile victims and witnesses.

Article 282
When a juvenile is suspected of a crime in Chapter IV, V, or VI of the Specific Provisions of the Criminal Law and may be sentenced to a fixed-term imprisonment of one year or a lighter punishment, if the prosecution conditions are met but the juvenile suspect has shown repentance, a people's procuratorate may make a conditional non-prosecution decision. Before making a conditional non-prosecution decision, the people's procuratorate shall hear the opinions of the public security organ and the victim.

Where the public security organ requests reconsideration or review or the victim files a petition against the conditional non-prosecution decision, the provisions of Articles 179 and 180 of this Law shall apply.

Where the juvenile criminal suspect or his/her legal representative raises any objection to the conditional non-prosecution decision of the people's procuratorate, the people's procuratorate shall make a decision to initiate a public prosecution.

Article 283
During the probation period for conditional non-prosecution, a people's procuratorate shall supervise and inspect a juvenile criminal suspect who is not prosecuted under conditions. The guardian of the juvenile criminal suspect shall strengthen control and education of the juvenile criminal suspect and cooperate with the people's procuratorate in supervision and inspection.

The probation period for conditional non-prosecution shall range from six months to one year, starting from the day when the people's procuratorate makes a conditional non-prosecution decision.

A juvenile criminal suspect who is not prosecuted under conditions shall comply with the following provisions:

(1) abiding by laws and regulations and obeying supervision;

(2) reporting his/her activities as required by the inspection authority;

(3) obtaining the approval of the inspection authority before leaving the city or county where he/she resides or relocating in another place;
and

(4) receiving correction and education as required by the inspection authority.

Article 284
For a juvenile criminal suspect who is not prosecuted under conditions, a people's procuratorate shall revoke the conditional non-prosecution decision and initiate a public prosecution under any of the following circumstances during the probation period:

(1) the juvenile criminal suspect commits a new crime, or it is discovered that another crime committed before the conditional non-prosecution decision is made needs to be prosecuted;
or

(2) the juvenile criminal suspect seriously violates the provisions on public security administration or the provisions of the inspection authority on supervising and administering conditional non-prosecution.

Where a juvenile criminal suspect who is not prosecuted under conditions does not fall any of the above circumstances during the probation period, upon expiration of the probation period, the people's procuratorate shall make a non-prosecution decision.

Article 285
A case may not be tried openly if the defendant has not reached the age of 18 at the time of trial. However, with the consent of the juvenile defendant or his/her legal representative, the juvenile defendant's school and a juvenile protection organization may send representatives to be present.

Article 286
Where a juvenile has not reached the age of 18 when committing a crime and is sentenced to fixed-term imprisonment of five years or a lighter punishment, the related criminal records shall be sealed for preservation.

The sealed criminal records may not be provided to any entity or individual, unless as needed for a judicial authority to handle cases or for consultation by relevant entities according to relevant state provisions. Entities legally consulting such records shall keep record information confidential.

Article 287
In the handling of juvenile criminal cases, matters not included in this Chapter shall be handled under other provisions of this Law.

Chapter II Procedures for Public Prosecution Cases Where Parties Have Reached Settlement

Article 288
In the following cases of public prosecution, if the criminal suspect or defendant has showed genuine repentance and obtained forgiveness from the victim by making compensation or an apology to the victim, and the victim voluntarily agrees on a settlement, both parties may reach a settlement:

(1) a case regarding a crime which arises from civil disputes as described in Chapter IV or V of the Specific Provisions of the Criminal Law and is punishable by fixed-term imprisonment of three years or a lighter penalty;
or

(2) a case regarding a negligent crime, other than a crime of malfeasance, which is punishable by fixed-term imprisonment of seven years or a lighter penalty.

If a criminal suspect or defendant once committed any intentional crime in the past five years, the procedures in this Chapter shall not apply.

Article 289
When both parties have reached a settlement, a public security organ, a people's procuratorate, or a people's court shall hear the opinions of the parties and other relevant persons, examine whether the settlement is reached voluntarily and legally, and preside at the preparation of a settlement agreement.

Article 290
For a case where a settlement agreement is reached, a public security organ may provide a leniency suggestion to the people's procuratorate. A people's procuratorate may provide a leniency suggestion to the people's court;
and, if the circumstances of a crime are minor and no criminal punishment is necessary, may make a decision not to initiate a public prosecution. A people's court may render a lenient sentence to a defendant in accordance with law.

Chapter III Procedures for Trials in Absentia

Article 291
For a corruption or bribery criminal case, or a case regarding seriously endangering State security or terrorist criminal activities identified by the people's procuratorate, which requires prompt trial, if the criminal suspect or defendant has been abroad and the supervision authorities or the public security authorities have transferred the case for prosecution, the people's procuratorate may initiate a public prosecution in the people's court if it finds that the particulars of offence are already identified, that the evidence is conclusive and sufficient, and that criminal liability shall be pursued in accordance with law. After conducting a review, the people's court shall decide to open a court session if the indictment includes clear particulars of offence accused and meets the conditions to which the procedures for trials in absentia apply.

The case specified in the preceding paragraph shall be heard by a collegial panel composed of the intermediate people's court at the site of the crime, at the residence of the defendant before leaving China or as designated by the Supreme People's Court.

Article 292
The people's court shall serve the summon and a copy of the people's procuratorate's indictment on the defendant by judicial assistance means as prescribed in the relevant international treaties, or as put forward through diplomatic channels, or by other means permitted by the law of the defendant's location. If the defendant is not present court as required after the summon and the copy of the indictment is served, the people's court shall hear the case in open court, render a judgement in accordance with law, and dispose of unlawful gains and other property involved in the case.

Article 293
For a case tried in absentia by the people's court, the defendant has the right to entrust a person as his/her defender, and the defendant's close relative may entrust a defender on his/her behalf. If the defendant or his/her close relative does not entrust a defender, the people's court shall notify a legal aid agency to designate a lawyer to provide the defendant with defense.

Article 294
The people's court shall serve the written judgement on the defendant and his/her close relatives and the defender. The defendant or his/her close relative who is not satisfied with the judgement has the right to appeal to the people's court at the next higher level, and the defender may also make an appeal with the consent of the defendant or his/her close relative.

If the people's procuratorate believes that the judgment of the people's court is indeed wrong, it shall present a protest to the people's court at the next higher level.

Article 295
Where, during the course of a trial, the defendant voluntarily surrenders or is captured, the people's court shall retry the case.

Where an offender is present court after the judgment or ruling has already taken legal effect, the people's court shall subject the offender to the execution of penalty. Prior to the execution of penalty, the people's court shall inform the offender of his/her right to raise objections to the judgment or ruling. If the offender raises objections to the judgment or ruling, the people's court shall retry the case.

Where the disposition of an offender's property under an effective judgment or ruling is indeed wrong, such property shall be returned, with compensation given.

Article 296
In the event that the defendant is unable to appear in court due to serious illness and is still unable to appear in court after the proceedings are suspended for over six months, if the defendant and his/her agent ad litem or close relative applies for or consents to continuation of the trial, the people's court may hear the case in the absence of the defendant in court, and render a judgement in accordance with law.

Article 297
Where the defendant dies, the people's court shall render a judgment terminating the trial;
however, if there is evidence proving that the defendant is innocent, and the people's court confirms his/her innocence after conducting a trial in absentia, it shall render a judgement in accordance with law.

For a case that the people's court retries under trial supervision procedures and the defendant dies, the people's court may conduct a trial in absentia and renders a judgement in accordance with law."

Chapter IV Confiscation Procedures for Illegal Income in Cases Where a Criminal Suspect or Defendant Escapes or Dies

Article 298
Where, in a case regarding a significant crime such as embezzlement, bribery, or terrorist activities, a criminal suspect or defendant escapes and cannot be present in court after being wanted for a year, or a criminal suspect or defendant dies, if his/her illegal income and other property involved in the case shall be recovered in accordance with the Criminal Law, a people's procuratorate may file an application with a people's court for confiscation of illegal income.

Deeming that the circumstances as mentioned in the preceding paragraph exist, a public security organ shall prepare a written opinion on confiscation of illegal income and transfer it to a people's procuratorate.

An application for confiscation of illegal income shall provide evidential materials related to the facts of a crime and illegal income and state the types, quantities, and locations of property as well as any seizure, impoundment, or freezing measures taken.

When necessary, a people's court may seize, impound, or freeze the property to be confiscated upon application.

Article 299
An application for confiscation of illegal income shall be heard by a collegial panel formed by the intermediate people's court at the place of commission of a crime or place of residence of a criminal suspect or defendant.

After accepting an application for confiscation of illegal income, a people's court shall make a public announcement. The public announcement period shall be six months. The close relatives of a criminal suspect or defendant and other interested parties shall have the right to apply for participating in the procedure, and may retain agents ad litem to participate in the procedure.

A people's court shall hear an application for confiscation of illegal income upon expiration of the public announcement period. If any interested party participates in the procedure, the people's court shall hold a court session to hear the application.

Article 300
A people's court shall render a ruling to confiscate illegal income and other property involved in the case that are confirmed at trial, except those legally returned to the victims;
or, for property which shall not be recovered, shall render a ruling to dismiss the application and terminate the seizure, impound, or freezing measure taken.

Against a ruling rendered by a people's court under the preceding paragraph, the close relatives of a criminal suspect or defendant, other interested parties, or the people's procuratorate may appeal or protest.

Article 301
Where a fugitive criminal suspect or defendant voluntarily surrenders himself or herself or is captured during the trial period, a people's court shall terminate the trial.

Where the property of a criminal suspect or defendant is erroneously confiscated, such property shall be returned, and compensation shall be made.

Chapter V Procedures for Involuntary Medical Treatment of Mental Patients Legally Exempted from Criminal Liability

Article 302
A mental patient who has committed any violent behavior compromising public security or seriously endangering the personal safety of citizens and is legally exempted from criminal responsibility after evaluation under statutory procedures shall be subject to involuntary medical treatment if the mental patient may continue to endanger the society.

Article 303
Whether a mental patient is subject to involuntary medical treatment under this Chapter shall be decided by a people's court.

A public security organ which discovers that a mental patient meets the conditions for involuntary medical treatment shall prepare a written opinion on involuntary medical treatment, and transfer it to the people's procuratorate. For a written opinion on involuntary medical treatment transferred by a public security organ or after discovering that a mental patient meets the conditions for involuntary medical treatment in the process of examination and prosecution, a people's procuratorate shall file an application for involuntary medical treatment with a people's court. A people's court which discovers that a defendant meets the conditions for involuntary medical treatment in the process of trial of a case may make an involuntary medical treatment decision.

For a mental patient who has committed violent behavior, before a people's court makes an involuntary medical treatment decision, a public security organ may take interim protective restraint measures.

Article 304
After accepting an application for involuntary medical treatment, a people's court shall form a collegial panel to try the case.

In the trial of a case regarding involuntary medical treatment, a people's court shall notify the legal representative of the respondent or defendant to be present. If the respondent or defendant has not retained an agent ad litem, the people's court shall notify a legal aid agency to assign a lawyer to provide legal assistance for him/her.

Article 305
Deeming at trial that the respondent or defendant meets the conditions for involuntary medical treatment, a people's court shall make an involuntary medical treatment decision within one month.

Against an involuntary medical treatment decision, the person subject to involuntary medical treatment as decided, the victim, or the legal representative or close relative thereof may apply to the people's court at the next higher level for reconsideration.

Article 306
Involuntary medical treatment institutions shall regularly diagnose and assess persons subject to involuntary medical treatment. For those who are no longer dangerous to personal safety and no longer need involuntary medical treatment, involuntary medical treatment institutions shall prepare opinions on termination of involuntary medical treatment in a timely manner and report such opinions to the people's court which made the involuntary medical treatment decisions for approval.

Persons subject to involuntary medical treatment and their close relatives shall have the right to apply for termination of involuntary medical treatment.

Article 307
A people's procuratorate shall oversee decisions and execution of involuntary medical treatment.

Supplementary Provisions

Article 308
The military security authorities may exercise the right to investigate the criminal cases occurring in the military.

The China Coast Guard shall fulfill the marine right safeguarding and law enforcement and exercise the right to investigate the criminal cases occurring at sea.

Crimes committed by criminals within the prisons shall be investigated by prisons.

The relevant provisions of this Law shall be applicable to criminal cases dealt with by the military security authorities, the China Coast Guard and prisons.