Decision of the National People's Congress on Amending the Criminal Procedure Law of the People's Republic of China
Decision of the National People's Congress on Amending the Criminal Procedure Law of the People's Republic of China
Decision of the National People's Congress on Amending the Criminal Procedure Law of the People's Republic of China
Order of the President of the People's Republic of China No.55
March 4, 2012
Adopted at the Fifth Session of the Eleventh National People's Congress of the People's Republic of China on March 14, 2012, the Decision of the National People's Congress on Amending the Criminal Procedure Law of the People's Republic of China is hereby promulgated for implementation as of January 1, 2013.
Hu Jintao, President of the People's Republic of China
Decision of the National People's Congress 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 March 14, 2012)
It is decided at at the Fifth Session of the Eleventh National People's Congress to revise the Criminal Procedure Law of the People's Republic of China as follows:
1. Article 2 is revised to read: "The aim of the Criminal Procedure Law of the People's Republic of China is: to ensure accurate and timely ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being prosecuted for criminal responsibility; to enhance the citizens' awareness of the need to abide by law and to fight vigorously against criminal acts; and to safeguard the socialist legal system, to protect the personal rights, property rights, democratic rights and other rights of citizens; and to guarantee smooth progress of the cause of socialist development."
2. Paragraph 1 of Article 14 is revised to read: "People's courts, people's procuratorates and public security organs shall safeguard the right of defense and other litigation rights to which criminal suspects, defendants and other participants in litigation proceedings are entitled."
Paragraph 2 thereof is deleted.
3. Article 20 is revised to read: "Intermediate people's courts shall have jurisdiction as courts of first instance over the following criminal cases:
1. Cases endangering State security or involving terrorist activities; and
2. Cases of crimes punishable by life imprisonment or the death penalty."
4. Article 31 is revised to read: "Provisions on withdrawal set forth in this Chapter shall also apply to court clerks, interpreters and expert witnesses.
The defender or the agent ad litem of a case may request for withdrawal or apply for reconsideration pursuant to provisions of this Chapter."
5. Article 33 is revised to read: "A criminal suspect shall be entitled to entrust a defender after he/she is interrogated for the first time by an investigating organ or as of the date on which compulsive measures are taken, provided that during investigation, the criminal suspect may only entrust a lawyer as his defender. Defendants of cases shall be entitled to entrust defenders at any time.
An investigating organ shall, during the first interrogation of a criminal suspect or the imposition of compulsory measures thereon, inform the criminal suspect of his right to entrust a defender. A people's procuratorate shall, within three days upon the receipt of the materials of a case transferred for examination before prosecution, inform the criminal suspect of his right to entrust a defender. A people's court shall, within three days upon the acceptance of a case, inform the defendant of his right to entrust a defender. Where a criminal suspect or defendant requests for the entrustment of a defender during his detention, the people's court, the people's procuratorate and the public security organ concerned shall communicate the request in a timely manner.
A criminal suspect or defendant under detention may have his guardian or close relative to entrust a defender on his behalf.
A defender, after accepting the entrustment by a criminal suspect or defendant, shall inform the case handling organ of the entrustment in a timely manner"
6. Article 34 is revised to read: "Article 34 A criminal suspect or defendant who has not entrusted a defender due to financial difficulties or other reasons, the criminal suspect or defendant himself/herself or his/her close relatives may file an application with a legal aid agency which may designate a lawyer as his/her defender where the application satisfies the conditions for legal aid services.
With respect to a criminal suspect or defendant who is vision, hearing or speech impaired, or who is a mentally challenged person but has not lost entirely the ability of recognition or the ability to control his/her conducts, if such person has not entrusted anyone to be his/her defender, the people's court, the people's procuratorate and the public security organ concerned shall inform a legal aid agency to designate a lawyer as his/her defender.
Where a criminal suspect or defendant committing a crime punishable by life imprisonment or capital punishment has not entrusted a defender, the people's court, the people'ss procuratorate and the public security organ concerned shall inform a legal aid agency to designate a lawyer as his/her defender."
7. Article 35 is revised to read: "The responsibilities of a defender shall be to present, in accordance with facts and the law, materials and opinions proving that the criminal suspect or defendant is innocent or the crime involved is a petty offense, or the criminal suspect or defendant is eligible need for a mitigated punishment or exemption from the criminal liability, so as to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.."
8. A new Article 36 is added to read: "The defense lawyer may provide legal assistance to the criminal suspect during the investigation period, file petitions or charges for the criminal suspect or apply for modifying the mandatory measures, and know the charges and relevant circumstances of the case from the investigation authority and provide advice."
9. Article 36 is divided into two articles as new Article 37 and Article 38, and revised to read:
"Article 37 The defense lawyer may meet and communicate with the criminal suspect or the defendant in custody. Other advocates may also meet and communicate with the criminal suspect or the defendant with the permission of the people's court or people's procuratorate.
Where the defense lawyer requests to meet the criminal suspect or the defendant on the strength of the lawyer's practicing certificate, proof and proxy of the law firm or legal aid letter, the detention center shall timely arrange for the meeting not exceeding 48 hours at the latest.
For crimes endangering national security, cases of terrorist activities and particularly serious bribery cases, where the defense lawyer meets the criminal suspect in custody during the investigation period, he shall obtain the permission of the investigation authority. For the aforementioned cases, the investigation authority shall notify the detention center in advance.
Where the defense lawyer meets the criminal suspect or the defendant in custody, he may understand the relevant circumstances of the case and provide legal advice. From the date of case transfer for examination and prosecution, he may verify the relevant evidence with the criminal suspect or the defendant. The defense lawyer shall not be monitored at the time of meeting the criminal suspect or the defendant.
Where the defense lawyer meets or communicates with the criminal suspect or the defendant under residential surveillance, the provisions of paragraphs 1, 3 and 4 shall apply.
Article 38 The defense lawyer may, from the date of examination and prosecution by the people's procuratorate, access, extract or reproduce the materials of the case. With the permission of the people's court or people's procuratorate, other advocates may also access, extract or reproduce the materials of the case."
10. Two new articles are added as Article 39 and Article 40 to read:
"Article 39 Where a defender is of the opinion that the relevant public security organ or people's procuratorate fails to submit certain evidence gathered during the investigation period or period for examination before prosecution while such evidence can prove that the criminal suspect or defendant is innocent or the crime involved is a petty offense, the defender shall be entitled to apply with the people's procuratorate or the people's court concerned to obtain such evidence.
Article 40 Where a defender has gathered evidence showing that the criminal suspect concerned was not at the scene of the crime, has not reached the age for assuming the criminal liability, or is a mentally challenged person who is not required by law to assume the criminal liability, the defender shall inform the relevant public organ and people's procuratorate of such evidence in a timely manner."
11. Article 38 is renumbered as Article 42, and revised to read: "No defense lawyer or any other person may help a criminal suspect or defendant conceal, destroy or fabricate evidence or collude with a criminal suspect or defendant to make confessions tally, or intimidate or induce witnesses to give false testimony or conduct other acts interfering with the proceedings of judicial organs.
Any violation of the preceding paragraph shall be subject to the legal liability in accordance with the law. Any alleged crime committed by a defender in this regard shall be handled by an investigating organ other than the investigating organ handling the case undertaken by the defender. Where the defender is a lawyer, the law firm for which the defender is working or the lawyer's association of which the defender is a member shall be notified of relevant information in a timely manner."
12. Two new articles are added as Article 46 and Article 47 to read:
"Article 46 Defense lawyers shall be entitled to keep confidential the information about their clients that comes into their knowledge during their practices, provided that they shall promptly inform judicial organs of the information that comes to their knowledge during their practices, indicating that their clients or other persons are to commit or are committing crimes endangering State security or public security or crimes seriously threatening others' personal safety.
Article 47 A defender or agent ad litem shall be entitled to file a petition or bring a complaint to the people's procuratorate at the same or the next higher level if he/she is of the opinion that the relevant public security organ, people's procuratorate, people's court or its staff members have hindered his/her lawful exercise of the litigation rights. The said people's procuratorate shall review the petition or complaint in a timely manner, and notify relevant organs to make correction if the authenticity of petition or complaint is confirmed."
13. Article 42 is renumbered as Article 48, and revised to read: "Article 42 All materials that prove the facts of a case shall be evidence.
Evidence shall include:
1. Physical evidence;
2. Documentary evidence;
3.Testimony of witnesses;
4. Statements of victims;
5. Statements and exculpations of criminal suspects or defendants;
6. Expert opinions;
7. Records of crime scene investigation, examination, identification and investigative experiments; and
8. Audio-visual materials, and electronic data.
The authenticity of evidence shall be confirmed before it can be admitted as the basis for making a decision on a verdict."
14. A new Article 49 is added to read: "For cases of public prosecution, people's procuratorates shall bear the burden of proof to prove that the defendants are guilty, while for cases of private prosecution, private prosecutors shall bear the burden of proof to prove that the defendants are guilty."
15. Article 43 is renumbered as Article 50, and revised to read: "Judges, procuratorial personnel and investigators shall adhere to statutory procedures when gathering and obtaining evidence that may prove whether criminal suspects or defendants are guilty or innocent, or whether cases involve serious criminal offenses or not. They are strictly prohibited from extorting confessions by torture, collecting evidence through threats, enticement, deception or other unlawful means, or forcing anyone to provide evidence proving his/her own guilt. They shall ensure that all citizens who are involved in a case or who have information about the circumstances of a case can furnish all available evidence in an objective manner and, except under special circumstances, may ask such citizens to provide assistance in investigation."
16. Article 45 is renumbered as Article 52, and a new Paragraph 2 shall be added thereto to read: "The physical evidence, documentary evidence, audio-visual materials, electronic data and other evidence gathered by administrative organs during administrative law enforcement and case investigation and handling may be used as evidence in criminal cases.."
And Paragraph 2 is renumbered as Paragraph 3, and revised to read: "Evidence involving State secretes, trade secretes or personal privacy shall be kept confidential."
17. Article 46 is renumbered as Article 53, and revised to read: "All cases shall be judged according to the principles that emphasis shall be laid on evidence, investigation and research, while credence shall not be readily given to oral statements. A defendant cannot be found guilty and sentenced to criminal punishments if there is no evidence other than his/her own statement. On the other hand, a defendant may be found guilty and sentenced to criminal punishments even without his/her own statements, as long as there is sufficient and concrete evidence.
Evidence shall be deemed to be sufficient and concrete if the following conditions are satisfied:
1.There is evidence for each fact that serves as the basis for conviction and sentencing;
2.The authenticity of evidence used for deciding the case has all been confirmed in accordance with statutory procedures; and
3. Based on the comprehensive assessment of all evidence for the case, the ascertained facts have been proved beyond reasonable doubt."
18. Five new articles are added as Article 54, Article 55, Article 56, Article 57, and Article 58 to read respectively:
"Article 54 Confessions extorted from a criminal suspect or defendant by illegal means such as torture, testimony of witnesses and statements of victims collected by violent means, threat or other unlawful means shall be excluded. Physical evidence or documentary evidence that is not collected according to statutory procedures and is therefore likely to materially damage judicial justice shall be subject to correction or reasonable explanations, and shall be excluded if correction or reasonable explanations are not made.
Evidence that shall be excluded as found during investigation, examination before prosecution and trial shall be excluded in accordance with the law, and shall not serve as the basis for making prosecution opinions, prosecution decisions and judgments.
Article 55 Where a people's procuratorate receives any reports, accusations or tip-offs on any circumstances involving unlawful gathering of evidence by investigators, or discovers that any investigator involves such conduct, the people's Procuratorate shall carry out investigation and verification thereof. If said conduct constitutes a crime, the persons concerned shall be subject to the criminal liability in accordance with the law.
Article 56 During a court hearing, where a judge is of the opinion that evidence may have been gathered by unlawful means as stipulated in Article 54 herein, a court investigation shall be launched as to the legality of the evidence gathering means.
The party concerned, his/her defender and the agent ad litem shall be entitled to apply with the relevant people's court for exclusion of the evidence gathered by unlawful means in accordance with the law. Those who apply for exclusion of the evidence gathered by unlawful means shall provide relevant clues or materials.
Article 57 A people's procuratorate shall bear the burden of proof as to the legality of the evidence gathering means during the court investigation thereof.
Where there exists no evidentiary support for the legality of the evidence gathering means, the people's procuratorate may request the people's court concerned to notify relevant investigators or other personnel to appear before the courtroom to make explanations. The people's court may, at its own discretion, notify relevant investigators or other personnel to appear before the courtroom to give explanations. Relevant investigators or other personnel may also take the initiative to request an appearance before the courtroom for an explanation. Relevant personnel shall also appear before courtroom if so notified by the people's court.
Article 58 Evidence shall be excluded if court investigation has confirmed or is unable to rule out that there have been circumstances of gathering evidence by illegal means as set forth in Article 54 herein."
19. Article 47 is renumbered as Article 59, and revised to read: "The testimony of a witness shall be admitted as the basis for making a decision on a verdict only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and the victim, as well as the defendant and the defender. If a court finds through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with the law."
20. Two new articles are added as Article 62 and Article 63 to read:
"Article 62 With regard to crimes endangering State security, those involving terrorist activities, organized crimes committed by groups in the nature of criminal syndicates, drug-related crimes and the like, if the personal safety of the witnesses, experts or victims or their close relatives is threatened due to their testimony in lawsuits, the people's courts, people's procuratorates and public security organs shall adopt one or more of the following protective measures:
1. Keeping confidential the real names, addresses, employers and other personal information of the aforesaid persons;
2. Adopting measures to avoid the actual appearance or true voice of those who appear in courtrooms for testimony;
3. Prohibiting certain persons from having contact with the witnesses, experts, victims and their close relatives;
4. Adopting special measures to protect the personal and residential security of the aforesaid persons; and/or
5. Other necessary protective measures.
A witness, expert or victim who is of the opinion that his/her personal security or the personal security of his/her close relatives is in danger due to his/her testimony in lawsuits may apply for protection with a people's court, people's procuratorate or public security organ.
Relevant entities and individuals shall provide cooperation when people's courts, people's procuratorates or public security organs take protective measures pursuant to the law.
Article 63 A witness shall be entitled to allowance for his/her performance of the obligation of giving testimony in terms of transportation, accommodation and catering expenses incurred thereby. The allowance granted to witnesses for giving testimony shall be included into the business expenses of judicial organs and be guaranteed by the public finance of people's governments at the same level.
Where the witness is an employee of an entity, the entity shall not deduct his/her salary, bonus and other benefits directly or in a disguised form."
21.
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Order of the President of the People's Republic of China No.55
March 4, 2012
Adopted at the Fifth Session of the Eleventh National People's Congress of the People's Republic of China on March 14, 2012, the Decision of the National People's Congress on Amending the Criminal Procedure Law of the People's Republic of China is hereby promulgated for implementation as of January 1, 2013.
Hu Jintao, President of the People's Republic of China
Decision of the National People's Congress 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 March 14, 2012)
It is decided at at the Fifth Session of the Eleventh National People's Congress to revise the Criminal Procedure Law of the People's Republic of China as follows:
1. Article 2 is revised to read: "The aim of the Criminal Procedure Law of the People's Republic of China is: to ensure accurate and timely ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being prosecuted for criminal responsibility; to enhance the citizens' awareness of the need to abide by law and to fight vigorously against criminal acts; and to safeguard the socialist legal system, to protect the personal rights, property rights, democratic rights and other rights of citizens; and to guarantee smooth progress of the cause of socialist development."
2. Paragraph 1 of Article 14 is revised to read: "People's courts, people's procuratorates and public security organs shall safeguard the right of defense and other litigation rights to which criminal suspects, defendants and other participants in litigation proceedings are entitled."
Paragraph 2 thereof is deleted.
3. Article 20 is revised to read: "Intermediate people's courts shall have jurisdiction as courts of first instance over the following criminal cases:
1. Cases endangering State security or involving terrorist activities; and
2. Cases of crimes punishable by life imprisonment or the death penalty."
4. Article 31 is revised to read: "Provisions on withdrawal set forth in this Chapter shall also apply to court clerks, interpreters and expert witnesses.
The defender or the agent ad litem of a case may request for withdrawal or apply for reconsideration pursuant to provisions of this Chapter."
5. Article 33 is revised to read: "A criminal suspect shall be entitled to entrust a defender after he/she is interrogated for the first time by an investigating organ or as of the date on which compulsive measures are taken, provided that during investigation, the criminal suspect may only entrust a lawyer as his defender. Defendants of cases shall be entitled to entrust defenders at any time.
An investigating organ shall, during the first interrogation of a criminal suspect or the imposition of compulsory measures thereon, inform the criminal suspect of his right to entrust a defender. A people's procuratorate shall, within three days upon the receipt of the materials of a case transferred for examination before prosecution, inform the criminal suspect of his right to entrust a defender. A people's court shall, within three days upon the acceptance of a case, inform the defendant of his right to entrust a defender. Where a criminal suspect or defendant requests for the entrustment of a defender during his detention, the people's court, the people's procuratorate and the public security organ concerned shall communicate the request in a timely manner.
A criminal suspect or defendant under detention may have his guardian or close relative to entrust a defender on his behalf.
A defender, after accepting the entrustment by a criminal suspect or defendant, shall inform the case handling organ of the entrustment in a timely manner"
6. Article 34 is revised to read: "Article 34 A criminal suspect or defendant who has not entrusted a defender due to financial difficulties or other reasons, the criminal suspect or defendant himself/herself or his/her close relatives may file an application with a legal aid agency which may designate a lawyer as his/her defender where the application satisfies the conditions for legal aid services.
With respect to a criminal suspect or defendant who is vision, hearing or speech impaired, or who is a mentally challenged person but has not lost entirely the ability of recognition or the ability to control his/her conducts, if such person has not entrusted anyone to be his/her defender, the people's court, the people's procuratorate and the public security organ concerned shall inform a legal aid agency to designate a lawyer as his/her defender.
Where a criminal suspect or defendant committing a crime punishable by life imprisonment or capital punishment has not entrusted a defender, the people's court, the people'ss procuratorate and the public security organ concerned shall inform a legal aid agency to designate a lawyer as his/her defender."
7. Article 35 is revised to read: "The responsibilities of a defender shall be to present, in accordance with facts and the law, materials and opinions proving that the criminal suspect or defendant is innocent or the crime involved is a petty offense, or the criminal suspect or defendant is eligible need for a mitigated punishment or exemption from the criminal liability, so as to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.."
8. A new Article 36 is added to read: "The defense lawyer may provide legal assistance to the criminal suspect during the investigation period, file petitions or charges for the criminal suspect or apply for modifying the mandatory measures, and know the charges and relevant circumstances of the case from the investigation authority and provide advice."
9. Article 36 is divided into two articles as new Article 37 and Article 38, and revised to read:
"Article 37 The defense lawyer may meet and communicate with the criminal suspect or the defendant in custody. Other advocates may also meet and communicate with the criminal suspect or the defendant with the permission of the people's court or people's procuratorate.
Where the defense lawyer requests to meet the criminal suspect or the defendant on the strength of the lawyer's practicing certificate, proof and proxy of the law firm or legal aid letter, the detention center shall timely arrange for the meeting not exceeding 48 hours at the latest.
For crimes endangering national security, cases of terrorist activities and particularly serious bribery cases, where the defense lawyer meets the criminal suspect in custody during the investigation period, he shall obtain the permission of the investigation authority. For the aforementioned cases, the investigation authority shall notify the detention center in advance.
Where the defense lawyer meets the criminal suspect or the defendant in custody, he may understand the relevant circumstances of the case and provide legal advice. From the date of case transfer for examination and prosecution, he may verify the relevant evidence with the criminal suspect or the defendant. The defense lawyer shall not be monitored at the time of meeting the criminal suspect or the defendant.
Where the defense lawyer meets or communicates with the criminal suspect or the defendant under residential surveillance, the provisions of paragraphs 1, 3 and 4 shall apply.
Article 38 The defense lawyer may, from the date of examination and prosecution by the people's procuratorate, access, extract or reproduce the materials of the case. With the permission of the people's court or people's procuratorate, other advocates may also access, extract or reproduce the materials of the case."
10. Two new articles are added as Article 39 and Article 40 to read:
"Article 39 Where a defender is of the opinion that the relevant public security organ or people's procuratorate fails to submit certain evidence gathered during the investigation period or period for examination before prosecution while such evidence can prove that the criminal suspect or defendant is innocent or the crime involved is a petty offense, the defender shall be entitled to apply with the people's procuratorate or the people's court concerned to obtain such evidence.
Article 40 Where a defender has gathered evidence showing that the criminal suspect concerned was not at the scene of the crime, has not reached the age for assuming the criminal liability, or is a mentally challenged person who is not required by law to assume the criminal liability, the defender shall inform the relevant public organ and people's procuratorate of such evidence in a timely manner."
11. Article 38 is renumbered as Article 42, and revised to read: "No defense lawyer or any other person may help a criminal suspect or defendant conceal, destroy or fabricate evidence or collude with a criminal suspect or defendant to make confessions tally, or intimidate or induce witnesses to give false testimony or conduct other acts interfering with the proceedings of judicial organs.
Any violation of the preceding paragraph shall be subject to the legal liability in accordance with the law. Any alleged crime committed by a defender in this regard shall be handled by an investigating organ other than the investigating organ handling the case undertaken by the defender. Where the defender is a lawyer, the law firm for which the defender is working or the lawyer's association of which the defender is a member shall be notified of relevant information in a timely manner."
12. Two new articles are added as Article 46 and Article 47 to read:
"Article 46 Defense lawyers shall be entitled to keep confidential the information about their clients that comes into their knowledge during their practices, provided that they shall promptly inform judicial organs of the information that comes to their knowledge during their practices, indicating that their clients or other persons are to commit or are committing crimes endangering State security or public security or crimes seriously threatening others' personal safety.
Article 47 A defender or agent ad litem shall be entitled to file a petition or bring a complaint to the people's procuratorate at the same or the next higher level if he/she is of the opinion that the relevant public security organ, people's procuratorate, people's court or its staff members have hindered his/her lawful exercise of the litigation rights. The said people's procuratorate shall review the petition or complaint in a timely manner, and notify relevant organs to make correction if the authenticity of petition or complaint is confirmed."
13. Article 42 is renumbered as Article 48, and revised to read: "Article 42 All materials that prove the facts of a case shall be evidence.
Evidence shall include:
1. Physical evidence;
2. Documentary evidence;
3.Testimony of witnesses;
4. Statements of victims;
5. Statements and exculpations of criminal suspects or defendants;
6. Expert opinions;
7. Records of crime scene investigation, examination, identification and investigative experiments; and
8. Audio-visual materials, and electronic data.
The authenticity of evidence shall be confirmed before it can be admitted as the basis for making a decision on a verdict."
14. A new Article 49 is added to read: "For cases of public prosecution, people's procuratorates shall bear the burden of proof to prove that the defendants are guilty, while for cases of private prosecution, private prosecutors shall bear the burden of proof to prove that the defendants are guilty."
15. Article 43 is renumbered as Article 50, and revised to read: "Judges, procuratorial personnel and investigators shall adhere to statutory procedures when gathering and obtaining evidence that may prove whether criminal suspects or defendants are guilty or innocent, or whether cases involve serious criminal offenses or not. They are strictly prohibited from extorting confessions by torture, collecting evidence through threats, enticement, deception or other unlawful means, or forcing anyone to provide evidence proving his/her own guilt. They shall ensure that all citizens who are involved in a case or who have information about the circumstances of a case can furnish all available evidence in an objective manner and, except under special circumstances, may ask such citizens to provide assistance in investigation."
16. Article 45 is renumbered as Article 52, and a new Paragraph 2 shall be added thereto to read: "The physical evidence, documentary evidence, audio-visual materials, electronic data and other evidence gathered by administrative organs during administrative law enforcement and case investigation and handling may be used as evidence in criminal cases.."
And Paragraph 2 is renumbered as Paragraph 3, and revised to read: "Evidence involving State secretes, trade secretes or personal privacy shall be kept confidential."
17. Article 46 is renumbered as Article 53, and revised to read: "All cases shall be judged according to the principles that emphasis shall be laid on evidence, investigation and research, while credence shall not be readily given to oral statements. A defendant cannot be found guilty and sentenced to criminal punishments if there is no evidence other than his/her own statement. On the other hand, a defendant may be found guilty and sentenced to criminal punishments even without his/her own statements, as long as there is sufficient and concrete evidence.
Evidence shall be deemed to be sufficient and concrete if the following conditions are satisfied:
1.There is evidence for each fact that serves as the basis for conviction and sentencing;
2.The authenticity of evidence used for deciding the case has all been confirmed in accordance with statutory procedures; and
3. Based on the comprehensive assessment of all evidence for the case, the ascertained facts have been proved beyond reasonable doubt."
18. Five new articles are added as Article 54, Article 55, Article 56, Article 57, and Article 58 to read respectively:
"Article 54 Confessions extorted from a criminal suspect or defendant by illegal means such as torture, testimony of witnesses and statements of victims collected by violent means, threat or other unlawful means shall be excluded. Physical evidence or documentary evidence that is not collected according to statutory procedures and is therefore likely to materially damage judicial justice shall be subject to correction or reasonable explanations, and shall be excluded if correction or reasonable explanations are not made.
Evidence that shall be excluded as found during investigation, examination before prosecution and trial shall be excluded in accordance with the law, and shall not serve as the basis for making prosecution opinions, prosecution decisions and judgments.
Article 55 Where a people's procuratorate receives any reports, accusations or tip-offs on any circumstances involving unlawful gathering of evidence by investigators, or discovers that any investigator involves such conduct, the people's Procuratorate shall carry out investigation and verification thereof. If said conduct constitutes a crime, the persons concerned shall be subject to the criminal liability in accordance with the law.
Article 56 During a court hearing, where a judge is of the opinion that evidence may have been gathered by unlawful means as stipulated in Article 54 herein, a court investigation shall be launched as to the legality of the evidence gathering means.
The party concerned, his/her defender and the agent ad litem shall be entitled to apply with the relevant people's court for exclusion of the evidence gathered by unlawful means in accordance with the law. Those who apply for exclusion of the evidence gathered by unlawful means shall provide relevant clues or materials.
Article 57 A people's procuratorate shall bear the burden of proof as to the legality of the evidence gathering means during the court investigation thereof.
Where there exists no evidentiary support for the legality of the evidence gathering means, the people's procuratorate may request the people's court concerned to notify relevant investigators or other personnel to appear before the courtroom to make explanations. The people's court may, at its own discretion, notify relevant investigators or other personnel to appear before the courtroom to give explanations. Relevant investigators or other personnel may also take the initiative to request an appearance before the courtroom for an explanation. Relevant personnel shall also appear before courtroom if so notified by the people's court.
Article 58 Evidence shall be excluded if court investigation has confirmed or is unable to rule out that there have been circumstances of gathering evidence by illegal means as set forth in Article 54 herein."
19. Article 47 is renumbered as Article 59, and revised to read: "The testimony of a witness shall be admitted as the basis for making a decision on a verdict only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and the victim, as well as the defendant and the defender. If a court finds through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with the law."
20. Two new articles are added as Article 62 and Article 63 to read:
"Article 62 With regard to crimes endangering State security, those involving terrorist activities, organized crimes committed by groups in the nature of criminal syndicates, drug-related crimes and the like, if the personal safety of the witnesses, experts or victims or their close relatives is threatened due to their testimony in lawsuits, the people's courts, people's procuratorates and public security organs shall adopt one or more of the following protective measures:
1. Keeping confidential the real names, addresses, employers and other personal information of the aforesaid persons;
2. Adopting measures to avoid the actual appearance or true voice of those who appear in courtrooms for testimony;
3. Prohibiting certain persons from having contact with the witnesses, experts, victims and their close relatives;
4. Adopting special measures to protect the personal and residential security of the aforesaid persons; and/or
5. Other necessary protective measures.
A witness, expert or victim who is of the opinion that his/her personal security or the personal security of his/her close relatives is in danger due to his/her testimony in lawsuits may apply for protection with a people's court, people's procuratorate or public security organ.
Relevant entities and individuals shall provide cooperation when people's courts, people's procuratorates or public security organs take protective measures pursuant to the law.
Article 63 A witness shall be entitled to allowance for his/her performance of the obligation of giving testimony in terms of transportation, accommodation and catering expenses incurred thereby. The allowance granted to witnesses for giving testimony shall be included into the business expenses of judicial organs and be guaranteed by the public finance of people's governments at the same level.
Where the witness is an employee of an entity, the entity shall not deduct his/her salary, bonus and other benefits directly or in a disguised form."
21.
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