Decision of the National People's Congress on Revisions to the Criminal Procedure Law of the People's Republic of China
Decision of the National People's Congress on Revisions to the Criminal Procedure Law of the People's Republic of China
Decision of the National People's Congress on Revisions to the Criminal Procedure Law of the People's Republic of China
Order of the President No. 64
March 17, 1996
The Decision of the National People's Congress on Revisions to the Criminal Procedure Law of the People's Republic of China, adopted at the fourth session of the eighth National People's Congress of the People's Republic of China on March 17, 1996, is hereby promulgated and shall come into force on January 1, 1997.
Jiang Zemin, President of the People's Republic of China
Decision of the National People's Congress on Revisions to the Criminal Procedure Law of the People's Republic of China
(Adopted at the fourth session of the eighth National People's Congress on March 17, 1996)
The eighth National People's Congress, having considered the Draft Amendments to the Criminal Procedure Law of the People's Republic of China at its Fourth Session, resolved to make the following amendments to the Criminal Procedure Law of the People's Republic of China:
1. The heading of Chapter I of Part One is amended to "Aim and Basic Principles".
2. Article 1 is revised as follows: "This Law is enacted in accordance with the Constitution and for the purpose of ensuring that the Criminal Law is correctly implemented, punishing crimes, protecting the people, safeguarding state and public security, and maintaining socialist public order."
3. Article 2 is revised as follows: "The aim of the Criminal Procedure Law of the People's Republic of China is to ensure that the facts of criminal cases are ascertained in an accurate and timely manner, to ensure that the law is correctly applied to punish criminals and protect innocent people from criminal investigation, to enhance citizens' awareness of the need to abide by the law and to vigorously fight criminal conduct in order to safeguard the socialist legal system, to protect citizens' personal, property, democratic and other rights, and to guarantee smooth progress in the development of the socialist cause."
4. The first paragraph of Article 3 is revised as follows: "The public security organs shall be responsible for investigation, detention, the execution of arrests and preliminary inquiries in criminal cases. The People's Procuratorates shall be responsible for procuratorial work and authorizing arrests, as well as conducting investigations and initiating public prosecutions in cases accepted directly by the procuratorial organs. The People's Courts shall be responsible for the adjudication of cases. Except as otherwise provided by law, no other organ, organization or individual shall have the authority to exercise such powers."
5. Following Article 3, two articles are added as Article 4 and Article 5:
(1) "Article 4 State security organs shall, in accordance with the law, handle cases involving crimes that endanger state security and exercise the same functions and powers as the public security organs."
(2) " Article 5 The People's Courts shall exercise judicial power independently in accordance with the law, the People's Procuratorates shall exercise procuratorial power independently in accordance with the law, and they shall be free from interference by any administrative organ, public organization or individual."
6. Following Article 5, an article is added as Article 8: "The People's Procuratorates shall, in accordance with the law, legally supervise criminal proceedings."
7. Following Article 8, an article is added as Article 12: "No person shall be held guilty without being judged as such by a People's Court in accordance with the law."
8. Article 11 becomes Article 15, in which the provision "In any of the following circumstances, criminal liability shall not be investigated: where an investigation has already been undertaken and the case should be dismissed, no prosecution should be initiated, or a declaration of innocence should be made" is revised as follows: "In any of the following circumstances, criminal liability shall not be investigated: where an investigation has already been undertaken and the case should be dismissed, no prosecution should be initiated, the case should be closed, or a declaration of innocence should be made".
Sub-paragraph (6) is revised as follows: "(6) where any other law provides an exemption from investigation of criminal liability."
9. Following Article 12, an article is added as Article 17: "In accordance with international treaties concluded or acceded to by the People's Republic of China or the principle of reciprocity, the judicial organs of China and those of other countries may request judicial assistance from each other in criminal affairs."
10. Article 13 becomes Article 18 and is revised as follows: "Other than where the law provides otherwise, investigations in criminal cases shall be conducted by the public security organs.
"Crimes involving embezzlement or bribery, crimes involving the dereliction of duty by state functionaries, and crimes involving the violation of a citizen's personal rights such as illegal detention, the extraction of confessions by torture, retaliation, fabricated charges, illegal searches, or crimes involving the infringement of a citizen's democratic or other rights committed by state functionaries by taking advantage of their functions and powers, shall be placed on file for investigation by the People's Procuratorates. Where there is a need for cases involving other serious crimes committed by state functionaries by taking advantage of their functions and powers to be handled directly by the People's Procuratorates, subject to a decision made by a People's Procuratorate at or above the provincial level, they may be placed on file for investigation by the People's Procuratorates.
"Private prosecutions shall be handled directly by the People's Courts."
11. Article 15 becomes Article 20 and is revised as follows: "The Intermediate People's Courts shall have jurisdiction for cases of first instance for the following criminal cases:
(1) counter-revolutionary cases and cases involving threats to state security;
(2) ordinary criminal cases punishable by life imprisonment or death; and
(3) criminal cases in which the defendants are foreigners."
12. Article 18 becomes Article 23, in which the provision "they may also transfer criminal cases in which they themselves have jurisdiction for cases of first instance to be heard by People's Courts at lower levels" is deleted.
13. Following Article 23, an article is added as Article 29: "Judges, procurators or investigators shall not accept meal invitations or presents from the parties to a case or their appointed representatives and shall not in violation of regulations meet with the parties to a case or their representatives."
"Any judge, procurator or investigator who violates the provisions of the preceding paragraph shall be investigated for legal liability. The parties to the case and their legal representatives shall have the right to request that he withdraw."
14. Article 24 becomes Article 30, and the third paragraph thereof is revised as follows: "Where a decision has been made to reject his application for withdrawal, the relevant party or his legal representative may apply on one occasion for a review."
15. The heading for Chapter IV of Part One is amended to: "Defense and Representation."
16. Article 26 becomes Article 32 and is revised as follows: "In addition to being entitled to defend himself, any criminal suspect or defendant may appoint one or two persons as his defense representatives. The following persons may be appointed as defense representatives:
(1) lawyers;
(2) persons recommended by a public organization or the unit to which the criminal suspect or defendant belongs; and
(3) guardians or relatives and friends of the criminal suspect or defendant.
No person who is currently being punished for any crime or whose personal freedom has been denied or restricted in accordance with the law shall serve as a defense representative."
17. Following Article 26, an article is added as Article 33: "Criminal suspects in public prosecutions shall have the right to appoint defense representatives from the date on which the case is transferred for examination before prosecution. Defendants in private prosecutions shall have the right to appoint defense representatives at any time.
Any People's Procuratorate that receives the case materials for a case transferred for examination before prosecution shall, with 3 days of receiving the file, inform the criminal suspect that he has the right to appoint defense representatives. Any People's Court that accepts a private prosecution shall, within three days of doing so, inform the defendant that he has the right to appoint defense representatives."
18. Article 27 becomes Article 34 and is revised as follows: "Where a case is to be brought in court by a public prosecutor and the defendant has not appointed anyone as his defense representative due to financial difficulties or for any other reason, the People's Court may designate a lawyer obliged to provide legal aid to serve as his defense representative.
Where the defendant is blind, deaf or mute, or is a minor, and thus has not appointed anyone as his defense representative, the People's Court shall designate a lawyer obliged to provide legal aid to serve as his defense representative.
Where there is a possibility that the defendant may be sentenced to death and he has not yet appointed anyone as his defense representative, the People's Court shall designate a lawyer obliged to provide legal aid to serve as his defense representative."
19. Article 29 becomes Article 36 and is revised as follows: "Defense lawyers may, from the date on which the People's Procuratorate begins to examine a case for prosecution, consult, extract and take copies of judicial documents pertaining to the relevant case and the technical verification materials, and may meet and correspond with the criminal suspect in custody. Other defense representatives, subject to the permission of the People's Procuratorate, may also consult, extract and take copies of the abovementioned materials, and meet and correspond with the criminal suspect in custody.
Defense lawyers may, from the date on which the People's Court accepts a case, consult, extract and take copies of materials relating to the facts of the crime alleged in the relevant case, and may meet and correspond with the defendant in custody. Other defense representatives, subject to the permission of the People's Court, may also consult, extract and take copies of the abovementioned materials, and may meet and correspond with the defendant in custody."
20. Following Article 29, two articles are added as Article 37 and Article 38:
(1) "Article 37 Defense lawyers may collect information pertaining to the relevant case from witnesses or other units and individuals concerned subject to obtaining their consent, and may also apply to the People's Procuratorate or the People's Court to collect and obtain evidence, or apply to the People's Court to require witnesses to appear in court and give evidence.
Defense lawyers may collect information pertaining to a case from the victim or his close family relatives, or from witnesses, subject to obtaining the consent of the relevant aforementioned person and permission from the People's Procuratorate or the People's Court."
(2) "Article 38 Defense lawyers and other defense representatives shall not help criminal suspects or defendants to conceal, destroy or falsify evidence or to tally their confessions, and shall not intimidate or induce witnesses to modify their testimony or give false testimony or interfere with the proceedings of the judicial organ in any other way.
Any person who violates the provisions of the preceding paragraph shall be investigated for legal liability in accordance with the law."
21. Following Article 30, two articles are added as Article 40 and Article 41:
(1) "Article 40 Any victim in a public prosecution, his legal representatives or near relatives, and any party to a related civil action and his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right to appoint an agent ad litem. Any private prosecutor in a private prosecution and his legal representatives, and any party to a related civil action and his legal representatives, shall have the right to appoint an agent ad litem at any time.
The People's Procuratorate shall, within three days of receiving the case materials for any case transferred for examination before prosecution, notify the victim and his legal representatives or near relatives and the parties to any related civil action and his legal representatives that they have the right to appoint agents ad litem. The People's Court shall, within three days of accepting a private prosecution, notify the party bringing the private prosecution and his legal representatives and the party to any related civil action and his legal representatives that they have the right to appoint agents ad litem."
(2) "Article 41The provisions of Article 32 of this Law shall apply to appointments of agents ad litem mutatis mutandis."
22. Article 31 becomes Article 42, and one sub-paragraph is added to the second paragraph thereof as sub-paragraph 7:
"7. audio-visual materials."
23. Article 34 becomes Article 45, and the first paragraph thereof is revised as follows: "The People's Courts, the People's Procuratorates and the public security organs shall have the power to collect and obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence."
The second paragraph is revised as follows: "Evidence involving state secrets shall be kept confidential."
24. Following Article 37, an article is added as Article 49: "The People's Courts, the People's Procuratorates and the public security organs shall ensure the safety of witnesses and their near relatives.
Any person who intimidates, humiliates, assaults or retaliates against a witness or any of his near relatives, if his conduct constitutes a crime, shall be investigated for criminal liability in accordance with the law; where the circumstances of the case do not warrant a criminal penalty, he shall be punished for a public security violation in accordance with the law."
25. Article 38 becomes Article 50, and the second and third paragraphs thereof are deleted.
26. Following Article 38, eight articles are added as Article 51, Article 52, Article 53, Article 54, Article 55, Article 56, Article 57 and Article 58:
(1) "Article 51 The People's Courts, the People's Procuratorates and the public security organs may grant any criminal suspect or defendant to whom any of the following circumstances apply bail pending trial or place him under residential surveillance:
1. Where the criminal suspect or defendant may be sentenced to public supervision or criminal detention, or be sentenced to a supplementary criminal punishment; or
2. Where the criminal suspect or defendant may be sentenced to a fixed term of imprisonment or more and would not endanger society if granted bail pending trial or placed under residential surveillance."
"The public security organs shall execute any decision to grant any criminal suspect or defendant bail pending trial or to place him under residential surveillance."
(2) Article 52 Any criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for bail pending trial.
......
Order of the President No. 64
March 17, 1996
The Decision of the National People's Congress on Revisions to the Criminal Procedure Law of the People's Republic of China, adopted at the fourth session of the eighth National People's Congress of the People's Republic of China on March 17, 1996, is hereby promulgated and shall come into force on January 1, 1997.
Jiang Zemin, President of the People's Republic of China
Decision of the National People's Congress on Revisions to the Criminal Procedure Law of the People's Republic of China
(Adopted at the fourth session of the eighth National People's Congress on March 17, 1996)
The eighth National People's Congress, having considered the Draft Amendments to the Criminal Procedure Law of the People's Republic of China at its Fourth Session, resolved to make the following amendments to the Criminal Procedure Law of the People's Republic of China:
1. The heading of Chapter I of Part One is amended to "Aim and Basic Principles".
2. Article 1 is revised as follows: "This Law is enacted in accordance with the Constitution and for the purpose of ensuring that the Criminal Law is correctly implemented, punishing crimes, protecting the people, safeguarding state and public security, and maintaining socialist public order."
3. Article 2 is revised as follows: "The aim of the Criminal Procedure Law of the People's Republic of China is to ensure that the facts of criminal cases are ascertained in an accurate and timely manner, to ensure that the law is correctly applied to punish criminals and protect innocent people from criminal investigation, to enhance citizens' awareness of the need to abide by the law and to vigorously fight criminal conduct in order to safeguard the socialist legal system, to protect citizens' personal, property, democratic and other rights, and to guarantee smooth progress in the development of the socialist cause."
4. The first paragraph of Article 3 is revised as follows: "The public security organs shall be responsible for investigation, detention, the execution of arrests and preliminary inquiries in criminal cases. The People's Procuratorates shall be responsible for procuratorial work and authorizing arrests, as well as conducting investigations and initiating public prosecutions in cases accepted directly by the procuratorial organs. The People's Courts shall be responsible for the adjudication of cases. Except as otherwise provided by law, no other organ, organization or individual shall have the authority to exercise such powers."
5. Following Article 3, two articles are added as Article 4 and Article 5:
(1) "Article 4 State security organs shall, in accordance with the law, handle cases involving crimes that endanger state security and exercise the same functions and powers as the public security organs."
(2) " Article 5 The People's Courts shall exercise judicial power independently in accordance with the law, the People's Procuratorates shall exercise procuratorial power independently in accordance with the law, and they shall be free from interference by any administrative organ, public organization or individual."
6. Following Article 5, an article is added as Article 8: "The People's Procuratorates shall, in accordance with the law, legally supervise criminal proceedings."
7. Following Article 8, an article is added as Article 12: "No person shall be held guilty without being judged as such by a People's Court in accordance with the law."
8. Article 11 becomes Article 15, in which the provision "In any of the following circumstances, criminal liability shall not be investigated: where an investigation has already been undertaken and the case should be dismissed, no prosecution should be initiated, or a declaration of innocence should be made" is revised as follows: "In any of the following circumstances, criminal liability shall not be investigated: where an investigation has already been undertaken and the case should be dismissed, no prosecution should be initiated, the case should be closed, or a declaration of innocence should be made".
Sub-paragraph (6) is revised as follows: "(6) where any other law provides an exemption from investigation of criminal liability."
9. Following Article 12, an article is added as Article 17: "In accordance with international treaties concluded or acceded to by the People's Republic of China or the principle of reciprocity, the judicial organs of China and those of other countries may request judicial assistance from each other in criminal affairs."
10. Article 13 becomes Article 18 and is revised as follows: "Other than where the law provides otherwise, investigations in criminal cases shall be conducted by the public security organs.
"Crimes involving embezzlement or bribery, crimes involving the dereliction of duty by state functionaries, and crimes involving the violation of a citizen's personal rights such as illegal detention, the extraction of confessions by torture, retaliation, fabricated charges, illegal searches, or crimes involving the infringement of a citizen's democratic or other rights committed by state functionaries by taking advantage of their functions and powers, shall be placed on file for investigation by the People's Procuratorates. Where there is a need for cases involving other serious crimes committed by state functionaries by taking advantage of their functions and powers to be handled directly by the People's Procuratorates, subject to a decision made by a People's Procuratorate at or above the provincial level, they may be placed on file for investigation by the People's Procuratorates.
"Private prosecutions shall be handled directly by the People's Courts."
11. Article 15 becomes Article 20 and is revised as follows: "The Intermediate People's Courts shall have jurisdiction for cases of first instance for the following criminal cases:
(1) counter-revolutionary cases and cases involving threats to state security;
(2) ordinary criminal cases punishable by life imprisonment or death; and
(3) criminal cases in which the defendants are foreigners."
12. Article 18 becomes Article 23, in which the provision "they may also transfer criminal cases in which they themselves have jurisdiction for cases of first instance to be heard by People's Courts at lower levels" is deleted.
13. Following Article 23, an article is added as Article 29: "Judges, procurators or investigators shall not accept meal invitations or presents from the parties to a case or their appointed representatives and shall not in violation of regulations meet with the parties to a case or their representatives."
"Any judge, procurator or investigator who violates the provisions of the preceding paragraph shall be investigated for legal liability. The parties to the case and their legal representatives shall have the right to request that he withdraw."
14. Article 24 becomes Article 30, and the third paragraph thereof is revised as follows: "Where a decision has been made to reject his application for withdrawal, the relevant party or his legal representative may apply on one occasion for a review."
15. The heading for Chapter IV of Part One is amended to: "Defense and Representation."
16. Article 26 becomes Article 32 and is revised as follows: "In addition to being entitled to defend himself, any criminal suspect or defendant may appoint one or two persons as his defense representatives. The following persons may be appointed as defense representatives:
(1) lawyers;
(2) persons recommended by a public organization or the unit to which the criminal suspect or defendant belongs; and
(3) guardians or relatives and friends of the criminal suspect or defendant.
No person who is currently being punished for any crime or whose personal freedom has been denied or restricted in accordance with the law shall serve as a defense representative."
17. Following Article 26, an article is added as Article 33: "Criminal suspects in public prosecutions shall have the right to appoint defense representatives from the date on which the case is transferred for examination before prosecution. Defendants in private prosecutions shall have the right to appoint defense representatives at any time.
Any People's Procuratorate that receives the case materials for a case transferred for examination before prosecution shall, with 3 days of receiving the file, inform the criminal suspect that he has the right to appoint defense representatives. Any People's Court that accepts a private prosecution shall, within three days of doing so, inform the defendant that he has the right to appoint defense representatives."
18. Article 27 becomes Article 34 and is revised as follows: "Where a case is to be brought in court by a public prosecutor and the defendant has not appointed anyone as his defense representative due to financial difficulties or for any other reason, the People's Court may designate a lawyer obliged to provide legal aid to serve as his defense representative.
Where the defendant is blind, deaf or mute, or is a minor, and thus has not appointed anyone as his defense representative, the People's Court shall designate a lawyer obliged to provide legal aid to serve as his defense representative.
Where there is a possibility that the defendant may be sentenced to death and he has not yet appointed anyone as his defense representative, the People's Court shall designate a lawyer obliged to provide legal aid to serve as his defense representative."
19. Article 29 becomes Article 36 and is revised as follows: "Defense lawyers may, from the date on which the People's Procuratorate begins to examine a case for prosecution, consult, extract and take copies of judicial documents pertaining to the relevant case and the technical verification materials, and may meet and correspond with the criminal suspect in custody. Other defense representatives, subject to the permission of the People's Procuratorate, may also consult, extract and take copies of the abovementioned materials, and meet and correspond with the criminal suspect in custody.
Defense lawyers may, from the date on which the People's Court accepts a case, consult, extract and take copies of materials relating to the facts of the crime alleged in the relevant case, and may meet and correspond with the defendant in custody. Other defense representatives, subject to the permission of the People's Court, may also consult, extract and take copies of the abovementioned materials, and may meet and correspond with the defendant in custody."
20. Following Article 29, two articles are added as Article 37 and Article 38:
(1) "Article 37 Defense lawyers may collect information pertaining to the relevant case from witnesses or other units and individuals concerned subject to obtaining their consent, and may also apply to the People's Procuratorate or the People's Court to collect and obtain evidence, or apply to the People's Court to require witnesses to appear in court and give evidence.
Defense lawyers may collect information pertaining to a case from the victim or his close family relatives, or from witnesses, subject to obtaining the consent of the relevant aforementioned person and permission from the People's Procuratorate or the People's Court."
(2) "Article 38 Defense lawyers and other defense representatives shall not help criminal suspects or defendants to conceal, destroy or falsify evidence or to tally their confessions, and shall not intimidate or induce witnesses to modify their testimony or give false testimony or interfere with the proceedings of the judicial organ in any other way.
Any person who violates the provisions of the preceding paragraph shall be investigated for legal liability in accordance with the law."
21. Following Article 30, two articles are added as Article 40 and Article 41:
(1) "Article 40 Any victim in a public prosecution, his legal representatives or near relatives, and any party to a related civil action and his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right to appoint an agent ad litem. Any private prosecutor in a private prosecution and his legal representatives, and any party to a related civil action and his legal representatives, shall have the right to appoint an agent ad litem at any time.
The People's Procuratorate shall, within three days of receiving the case materials for any case transferred for examination before prosecution, notify the victim and his legal representatives or near relatives and the parties to any related civil action and his legal representatives that they have the right to appoint agents ad litem. The People's Court shall, within three days of accepting a private prosecution, notify the party bringing the private prosecution and his legal representatives and the party to any related civil action and his legal representatives that they have the right to appoint agents ad litem."
(2) "Article 41The provisions of Article 32 of this Law shall apply to appointments of agents ad litem mutatis mutandis."
22. Article 31 becomes Article 42, and one sub-paragraph is added to the second paragraph thereof as sub-paragraph 7:
"7. audio-visual materials."
23. Article 34 becomes Article 45, and the first paragraph thereof is revised as follows: "The People's Courts, the People's Procuratorates and the public security organs shall have the power to collect and obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence."
The second paragraph is revised as follows: "Evidence involving state secrets shall be kept confidential."
24. Following Article 37, an article is added as Article 49: "The People's Courts, the People's Procuratorates and the public security organs shall ensure the safety of witnesses and their near relatives.
Any person who intimidates, humiliates, assaults or retaliates against a witness or any of his near relatives, if his conduct constitutes a crime, shall be investigated for criminal liability in accordance with the law; where the circumstances of the case do not warrant a criminal penalty, he shall be punished for a public security violation in accordance with the law."
25. Article 38 becomes Article 50, and the second and third paragraphs thereof are deleted.
26. Following Article 38, eight articles are added as Article 51, Article 52, Article 53, Article 54, Article 55, Article 56, Article 57 and Article 58:
(1) "Article 51 The People's Courts, the People's Procuratorates and the public security organs may grant any criminal suspect or defendant to whom any of the following circumstances apply bail pending trial or place him under residential surveillance:
1. Where the criminal suspect or defendant may be sentenced to public supervision or criminal detention, or be sentenced to a supplementary criminal punishment; or
2. Where the criminal suspect or defendant may be sentenced to a fixed term of imprisonment or more and would not endanger society if granted bail pending trial or placed under residential surveillance."
"The public security organs shall execute any decision to grant any criminal suspect or defendant bail pending trial or to place him under residential surveillance."
(2) Article 52 Any criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for bail pending trial.
......