Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China 　

Order of the President of the People's Republic of China 

No. 10

The Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China, adopted at the 6th Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 26, 2018, is hereby promulgated and shall go into effect as of the date of promulgation. 

Xi Jinping 

President of the People's Republic of China 

October 26, 2018

Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China 

(Adopted at the 6th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018) 

At its 6th Meeting, the Standing Committee of the Thirteenth National People's Congress decides to make the following revisions to the Criminal Procedure Law of the People's Republic of China: 

1. One article is added as Article 15, which reads: "A criminal suspect or defendant who voluntarily and truthfully confesses a crime he has committed, admits the facts of the crime accused of, and is willing to accept corresponding punishment shall be allowed for leniency." 

2. Article 18 is changed to be Article 19, and the second paragraph is revised to read: "People's procuratorates may file cases for investigation when they find in exercising legal supervision over litigation activities that there are judicial officers taking advantage of their functions and powers and committing crimes such as illegally detaining others, extorting confessions by torture or engaging in illegal search, which infringe upon the rights of citizens and undermine justice. Where there is a need for the people's procuratorates to directly handle cases of grave crimes which are committed by state functionaries taking advantage of their functions and powers and which are under the jurisdiction of public security organs, the people's procuratorates may file such cases for investigation upon decision by the people's procuratorates at or above the provincial level." 

3. Article 32 is changed to be Article 33, and one paragraph is added as the third paragraph which reads: "A person who has been expelled from public office or whose lawyer's or notary's practice certificate has been revoked shall not serve as a defender, unless he is the guardian or a near relative of the criminal suspect." 

4. One article is added as Article 36, which reads: "Legal aid agencies may station duty lawyers in such premises as the people's courts or detention houses. In case that a criminal suspect or defendant fails to engage a defender and no legal aid agency has appointed a lawyer to defend him, a duty lawyer may offer assistance in legal consultation, advice on procedural choice, application for alteration of compulsory measures and providing opinions on the case, etc. 

"A people's court, people's procuratorate and detention house shall inform a criminal suspect or defendant of his right to meet with a duty lawyer, and shall facilitate the criminal suspect or defendant in meeting with a duty lawyer." 

5. Article 37 is changed to be Article 39, and the third paragraph is revised to read: "For a case under investigation which involves a crime endangering national security or a crime of terrorist activity, a defense lawyer shall obtain approval from the investigatory body for meeting with the criminal suspect held in custody during the investigatory period. In such a case, the investigatory body shall notify the detention house in advance." 

6. Article 73 is changed to be Article 75, and the first paragraph is revised to read: "House arrest shall be enforced at the domicile of a criminal suspect or defendant, or at a designated place of residence if he has no regular domicile. Where, for a criminal suspect or defendant suspected of committing a crime endangering state security or a crime of terrorist activity, putting him under house arrest at his domicile may impede the investigation, he may be placed under house arrest at a designated place of residence upon approval by the public security organ at the next higher level. However, house arrest may not be enforced in a detention house or a special venue for case investigation." 

7. Article 79 is changed to be Article 81, and one paragraph is added as the second paragraph which reads: "For approving or deciding on the detention of a criminal suspect or defendant, such factors as the nature and circumstances of the crime, and whether the criminal suspect or defendant has taken a guilty plea shall be taken into account as to whether or not the said criminal suspect or defendant will post a danger to the society if he is released on bail or a guarantor." 

8. Article 106 is changed to be Article 108, and Subparagraph one is revised to read: "(1) ‘Investigation' refers to the work a public security organ or people's procuratorate carries out in relation to a criminal case, including the collection of evidence, the efforts in finding out the truth and the related compulsory measures taken according to law." 

9. Article 118 is changed to be Article 120, and the second paragraph is revised to read: "When interrogating a criminal suspect, investigators shall inform the criminal suspect of his procedural rights and the legal provisions that those who truthfully confess their crimes may be allowed for leniency and that those who take pleas may be allowed for leniency." 

10. Article 148 is changed to be Article 150, and the second paragraph is revised to read: "With respect to a major criminal case of serious infringement of the citizen's personal right due to abuse of power, after filing the case, a people's procuratorate may, based on the needs for criminal investigation and after going through stringent approval procedure, employ technical investigation measures and task relevant bodies with the implementation of such measures according to the relevant provisions." 

11. Article 160 is changed to be Article 162, and one paragraph is added as the second paragraph which reads: "Where a criminal suspect voluntarily confesses his crime, his confession shall be recorded for file and be transferred along with the case, and in the bill of prosecution shall be clearly stated his voluntary confession of the crime." 

12. One Article is added as Article 170, which reads: "A people's procuratorate shall, according to the provisions of this Law and the Supervision Law, examine a case transferred by a supervisory organ for public prosecution. Where, after examination, the people's procuratorate finds that supplementary investigation or verification is necessary, the people's procuratorate shall return the case to the supervisory organ for supplementary investigation; where it is necessary, the people's procuratorate may carry out supplementary investigation on its own. 

"Where a supervisory organ has applied supervisory detention measure at the time when it transfers a case to a people's procuratorate, the people's procuratorate shall first detain the criminal suspect, as a result the detention measure taken by the supervisory organ shall be automatically lifted. The people's procuratorate shall, within 10 days after it detains the criminal suspect, make a decision on whether or not to arrest him, release him on bail or a guarantor, or place him under house arrest. Under special circumstances, an extension of one to four days may be allowed for making such a decision. The time period during which the people's procuratorate have applied a compulsory measure shall not be counted as within the time period of examination a case for prosecution."   

13. Article 169 is changed to be Article 172, and the first paragraph is revised to read: "A people's procuratorate shall make a decision within one month on a case that a supervisory organ or public security organ has transferred to it with a recommendation to initiate a prosecution; an extension of 15 days may be allowed for major or complex cases. Where a criminal suspect takes a plea, and the requirements for applying expedited trial procedure are met, a decision shall be made with 10 days; in case that the sentence may be a fixed-term imprisonment of one year or more, the time period for decision may be extended to 15 days." 

14. Article 170 is changed to be Article 173, and revised to read: "When examining a case, the people's procuratorate shall interrogate the criminal suspect, hear the opinions of the defender or duty lawyer and of the victim and his agent ad litem, and record such opinions. If the defender or duty lawyer, the victim and his agent ad litem put forward written opinions, such opinions shall be attached to the case file. 

"Where a criminal suspect takes a plea, the people's procuratorate shall inform him of his procedural rights and the provisions for taking a plea, hear and record the opinions of the defender or duty lawyer, and of the victim and his agent ad litem on the following matters: 

"(1) facts of the suspected crime, name of the suspected crime, and applicable provisions of law; 

"(2) advice on leniency, including lighter or mitigated punishment or exemption of punishment; 

"(3) applicable trial procedure after the criminal suspect takes a plea; and 

"(4) other matters on which opinions need be heard. 

"Where a duty lawyer's opinion need be heard according to the provisions of the preceding two paragraphs, the people's procuratorate shall provide the duty lawyer with necessary access to the related information of the case." 

15. One Article is added as Article 174, which reads: "Where a criminal suspect voluntarily confesses his crime and agrees on the advised sentence and trial procedure, he shall, with the presence of the defender or duty lawyer, sign the statement of plea. 

"A criminal suspect taking a plea need not sign the statement of plea under any of the following circumstances: 

"(1) Where the criminal suspect is blind, deaf or mute, or is a mental patient who is not completely aware of, or has incomplete ability to control his own conduct; 

"(2) Where the agent ad litem or defender of a criminal suspect who is a minor has objection to the plea and punishment taken by the said minor; or 

"(3) Where any other circumstance does not require signing of the statement of plea." 

16. Article 172 is changed to be Article 176, and one paragraph is added as the second paragraph which read: "Where a criminal suspect takes a plea, the people's procuratorate shall put forward sentencing advice including the principal punishment, supplementary punishments and whether or not a probation should be granted, and shall transfer the materials such as the statement of plea along with the case." 

17. Article 173 is changed to be Article 177, and the third paragraph is revised to read: "Where a people's procuratorate decides not to prosecute a case, it shall, at the same time, free the property sealed up, distrained or frozen during the period of investigation. If the person who is not prosecuted need be given administrative penalty, or sanction, or his illegal gains need be confiscated, the people's procuratorate shall put forward its opinions and transfer the case to the competent authority for handling. The competent authority shall inform the people's procuratorate of the results of its handling of the case in time." 

18. One Article is added in Chapter III of Part Two as Article 182, which reads: "Where a criminal suspect voluntarily confesses the facts of a crime he is suspected to have committed and thus makes a major meritorious contribution, or the case involves major state interests, upon review and approval by the Supreme People's Procuratorate, the public security organ may dismiss the case, and the people's procuratorate may decide not to prosecute him at all or, if the case involves several charges, not to prosecute him on one or more of the charges. 

"Where, according to the preceding paragraph, a criminal suspect is not to be prosecuted or the case is dismissed, the people's procuratorate or public security organ shall, in a timely manner, deal with the property sealed up, distrained or frozen, and the fruits accrued therefrom." 

19. Article 178 is changed to be Article 183 and revised to read: "Trial of first instance in the primary or intermediate people's courts shall be conducted by a collegial panel composed of three judges or of judges and people's assessors totaling three or seven. However, for cases tried in the primary people's courts and to which summary procedure or expedited procedure is applied, they may be tried by a single judge. 

"Trial of first instance in the higher people's courts shall be conducted by a collegial panel composed of three to seven judges or of judges and people's assessors totaling three or seven. 

"Trial of first instance in the Supreme People's Court shall be conducted by a collegial panel composed of three to seven judges.    

"Trial of appealed and protested cases in the people's courts shall be conducted by a collegial panel composed of three or five judges. 

"The number of members of a collegial panel shall be in odd number." 

20. Article 185 is changed to be Article 190, and one paragraph is added as the second paragraph which read: "Where a defendant has taken a plea, the presiding judge shall inform the defendant of his procedural rights and the provisions for taking a plea, verify whether the defendant has done so voluntarily, and review the authenticity and legality of the content of the statement of plea."    

21. One article is added as Article 201, which reads: "For a case where the defendant has taken an advised plea, the people's court shall, when rendering the judgment according to law, generally follow the advice of the people's procuratorate on the crime and sentence, except under one of the following circumstances: 

"(1) Where the act of the defendant does not constitute a crime or the defendant should not have been prosecuted for criminal responsibility; 

"(2) Where the defendant has taken a plea against his free will; 

"(3) Where the defendant denies the facts of the accused crime; 

"(4) Where the crime charged by prosecution is inconsistent with the one decided in trial; or 

"(5) Any other circumstances where a fair and just trial may be affected. 

"Where, after hearing the case, the people's court finds that the advised sentence is obviously inappropriate, or the defendant and defender has objection to the advised sentence, the people's procuratorate may revise its advice on the sentence. Where the people's procuratorate refuses to do so or the revised advice is still obviously inappropriate, the people's court shall render a judgment according to law." 

22. One section is added in Chapter II of Part Three as Section 4, which reads: 

"Section 4  Expedited Trial Procedure 

"Article 222  For a case under the jurisdiction of a primary people's court, in which the defendant may be sentenced to a punishment lighter than fixed-term imprisonment of three years, if the facts of the case are clear, the evidence is reliable and sufficient, and the defendant has taken a plea and agrees to an expedited trial, expedited trial procedure may be applied whereby the case shall be tried by one judge. 

"The people's procuratorate may, when bringing a public prosecution, advise the people's court to apply expedited trial procedure to such a case. 

"Article 223  Expedited trial procedure shall not be applied under any of the following circumstances: 

"(1) Where the defendant is blind, deaf or mute, or is a patient who is mental ill but has not completely lost the capability to recognize or control his behavior; 

"(2) Where the defendant is a minor; 

"(3) Where the case bears a great impact on the society; 

"(4) Where a part of the defendants in a joint crime have objection to the criminal facts, the crime charged, the advised sentence, or the application of expedited trial procedure; 

"(5) Where the defendant fails to reach a mediation or settlement agreement with the victim or his legal representative on the damage in incidental civil action; or 

"(6) Other circumstances under which application of expedited trial procedure is inappropriate. 

"Article 224  Trial of a case by applying expedited procedure shall not be bound by the provisions of Section 1 of this Chapter governing the service time limit; and in general shall not have court investigation and debating. However, the opinion of the defender and the final statement of the defendant shall be heard prior to the pronouncement of a judgment. 

"A judgment shall be pronounced in court on a case to which expedited trial procedure is applied. 

"Article 225  Where a case is tried by applying expedited trial procedure, the people's court shall conclude the trial within 10 days after accepting it; if the defendant may be sentenced to a fixed-term imprisonment of more than three years, the time limit may be extended to 15 days. 

"Article 226  Where, in the course of trying a case, the people's court finds that the act of the defendant does not constitute a crime or the defendant should not have been prosecuted for criminal responsibility, or that the defendant has taken a plea against his free will or denies the facts of the crime charged, or that there is any other situation which renders expedited trial procedure inappropriate for the case, the people's court shall try the case anew in accordance with the provisions in Section 1 or 3 of this Chapter." 

23. Article 250 is changed to be Article 261, and the second paragraph is revised to read: "Where a criminal sentenced to death with a two-year suspension of execution commits no intentional crime during the period of suspension of the sentence and his punishment should therefore be commuted on the expiration of such a period, the executing organ shall submit a written recommendation to a higher people's court for decision. If there is verified evidence proving that the criminal has committed an intentional crime during the suspension period and the circumstances are serious, and therefore his death sentence should be executed, the higher people's court shall submit the matter to the Supreme People's Court for approval. Where the criminal has committed an intentional crime during the suspension period but the death sentence is not executed, the period of suspension of death sentence shall be recounted and the matter shall be submitted to the Supreme People's Court for the record." 

24. Article 260 is changed to be Article 271, and revised to read: "Where a criminal sentenced to a fine fails to pay the fine within the prescribed time limit, the people's court shall compel him to pay. If the criminal truly has difficulty in paying the fine because he has suffered an irresistible disaster, upon a ruling of the people's court, he may be allowed to pay an amount smaller than the fine, or postpone or be exempted from the payment of the fine accordingly." 

25. One chapter is added in Part Five as Chapter III which reads: 

"Chapter III  Trial in Absentia 

"Article 291  Where a supervisory organ or public security organ transfers a case for prosecution which involves a crime of embezzlement or bribery, or a crime endangering state security or crime of terrorist activity which has been examined by the Supreme People's Procuratorate and need be tried without delay, but the criminal suspect or defendant is outside the territory of China, if the people's procuratorate deems that the facts of the case are clear, the evidence solid and sufficient and criminal responsibility should be pursued according to law, the people's procuratorate may bring a prosecution according to law. If, after review, the people's court finds that the charged criminal facts in the bill of prosecution are clear-cut and the conditions for a trial in absentia are satisfied, a decision shall be made to try the case in court. 

"A case prescribed in the preceding paragraph shall be tried by a collegial panel of the intermediate people's court in the place of residence of the criminal suspect or defendant before he departed from China or by an intermediate people's court designated by the Supreme People's Court. 

"Article 292  The people's court shall deliver the summon and a copy of the bill of prosecution to the defendant by means of judicial assistance as stipulated in the relevant international treaties or worked out diplomatically, or by any other means which is allowed by the law of the place where the defendant currently stays. Where the summon and the copy of the bill of prosecution has been delivered to the defendant but the defendant fails to appear before the court as is required, the people's court shall hold a court session to try the case, render a judgment according to law, and dispose of the illegal gains and other property involved in the case. 

"Article 293  Where a case is to be tried in absentia by the people's court, the defendant shall have the right to engage a defender, or his near relative may engage a defender for the defendant. If both the defender and his near relative fail to engage a defender, the people's court shall inform a legal aid agency to appoint a lawyer to defend him. 

"Article 294  The people's court shall have the written judgment delivered to the defendant or his near relative and his defender. Where the defendant or his near relative has objection to the judgment, he or his near relative shall have the right to appeal to the people's court at the next higher level. The defender may file an appeal upon consent of the defendant or his near relative. 

"Where the people's procuratorate believes that there is a definite error in the judgment made by the people's court, it shall present a protest to the people's court at the next higher level. 

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

"Where a criminal surrenders himself or is brought back to China after the judgment or ruling of his case has become effective, the people's court shall hand him over for serving his sentence. Before handing him over, the people's court shall inform him of his right to raising any objection to the judgment or ruling of his case. Where the criminal does raise an objection, the people's court shall retry the case. 

"Where there is a definite error in the judgment or ruling as to the disposal of the criminal's property, his property shall be returned or he shall be compensated properly. 

"Article 296  Where the trial of a case is discontinued because the defendant is unable to appear in court due to serious illness, and he remains so after the trial has been discontinued for six months or more, the people's court may, upon application or consent of the defendant and his legal representative or of his near relative for resuming the trial, try the case in absentia without the defendant appearing in court and render a judgment according to law. 

"Article 297  Where the defendant is deceased, the people's court shall rule to terminate the trial; however, if there is evidence proving the defendant's innocence, the people's court shall, after trying the case in absentia and affirming that the defendant is innocent, render a judgment according to law. 

"Where the people's court retries a case according to the procedure for trial supervision and the defendant is deceased, the people's court may try the case in absentia and render a judgment according to law." 

26. Article 290 is changed to be Article 308, and revised to read: "The security departments of the Army shall exercise the power of investigation with respect to crimes in the Army. 

"China Coast Guard shall exercise the power of investigation with respect to the crimes at sea.   

"Crimes committed by criminals in prison shall be investigated by the prison. 

"The handling of criminal cases by the security departments of the Army, China Coast Guard and prisons shall be governed by the relevant provisions of this Law." 

The sequence numbers of relevant chapters, sections and articles of the Criminal Procedure Law shall be rearranged according to this Decision. 

This Decision shall go into effect as of the date of promulgation. 

The Criminal Procedure Law shall be repromulgated after the revisions are made according to this Decision. 

Criminal Procedure Law of the People's Republic of China 

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; amended for the first time in according with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Forth Session of the Eighth National People's Congress on March 17, 1996; 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 March 14, 2012; 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 6th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018)

Contents

Part One     General Provisions

Chapter I     Aim and Basic Principles 

Chapter II    Jurisdiction 

Chapter III   Recusal 

Chapter IV   Defense and Representation 

Chapter V    Evidence 

Chapter VI   Compulsory Measures 

Chapter VII   Incidental Civil Actions 

Chapter VIII  Time Limits and Service 

Chapter IX   Other Provisions 

Part Two     Filing a Case, Investigation, and Public Prosecution 

Chapter I     Filing a Case 

Chapter II    Investigation 

Section 1   General Provisions 

Section 2   Interrogation of Criminal Suspects 

Section 3   Questioning of Witnesses 

Section 4   Inquest and Examination 

Section 5   Search 

Section 6   Sealing and Seizure of Physical Evidence and Documentary Evidence 

Section 7   Expert Evaluation 

Section 8   Technical Investigative Measures 

Section 9   Wanted Orders 

Section 10  Conclusion of Investigation 

Section 11  Investigation of Cases Directly Accepted by People's Procuratorates 

Chapter III   Initiation of Public Prosecution 

Part Three   Trial 

Chapter I    Trial Organizations 

Chapter II    Procedure of First Instance 

Section 1   Cases of Public Prosecution 

Section 2   Cases of Private Prosecution 

Section 3   Summary Procedure 

Section 4   Expedited Trial Procedure 

Chapter III   Procedure of Second Instance 

Chapter IV   Procedure for Death Sentence Review 

Chapter V    Procedure for Trial Supervision 

Part Four     Execution 

Part Five     Special Procedures 

Chapter I     Procedure for Juvenile Delinquency Cases 

Chapter II    Procedure for a Publicly Prosecuted Case Where the Parties Reaches a Settlement 

Chapter III    Procedure for Trial in Absentia 

Chapter IV    Procedure for Confiscating Illegal Gains Involved in a Case Where the Criminal Suspect or Defendant Escapes, Hides or is Dead 

Chapter V     Procedure for Compulsory Medical Treatment of a Mental Patient Who does not Bear Criminal responsibility According to Law 

Supplementary Provisions

Part One 

General Provisions 

Chapter I 

Aim and Basic Principles

Article 1   This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing crimes, protecting the people, safeguarding state and public security and maintaining socialist public order. 

Article 2   The aim of the Criminal Procedure Law of the People's Republic of China is to ensure accurate and timely ascertainment of the facts of crimes, correct application of law, punishment of criminals and protection of the innocent from being held criminally responsible; to enhance the citizens' awareness of the need to abide by the law and to fight vigorously against criminal acts; to safeguard the socialist legal system; to respect and safeguard human rights; to protect the citizens' personal and property rights, their democratic rights and other rights; and to guarantee smooth progress of the cause of socialist development. 

Article 3   Public security organs shall be responsible for investigation, making arrest, execution of detention and preliminary inquiry in criminal cases. People's procuratorates shall be responsible for procuratorial work, including authorizing approval of detention, conducting investigation of cases directly accepted by people's procuratoriates, and bringing public prosecutions. People's courts shall be responsible for adjudication. Except as otherwise provided by law, no other organs, organizations or individuals shall have the authority to exercise any of the aforementioned powers. 

People's courts, the people's procuratorates and the public security organs must, in criminal proceedings, strictly observe the relevant provisions of this Law and of other laws. 

Article 4   Where state security organs handle cases of crimes that endanger state security in accordance with law, they shall perform the same functions and powers as those of public security organs. 

Article 5   The people's courts shall exercise judicial power independently in accordance with law and the people's procuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organs, public organizations or individuals. 

Article 6   In conducting criminal proceedings, the people's courts, people's procuratorates and public security organs must rely on the masses, base their work on facts and take the law as the criterion. The law applies equally to all citizens, and no privilege whatsoever is permissible before the law. 

Article 7   In conducting criminal proceedings, the people's courts, 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 the law. 

Article 8   The people's procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings. 

Article 9   Citizens of all ethnicities shall have the right to use their native spoken and written languages in court proceedings. The people's courts, people's procuratorates and public security organs shall provide translation for any party to the court proceedings that is not familiar with the spoken or written language commonly used in the locality.  

Where people of an ethic minority live in a concentrated community or where people of different ethnicities live together in one area, interrogations and court hearings shall be carried out 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   For trial of cases by the people's courts, the system whereby the second instance is final shall be applied. 

Article 11   The people's courts shall try cases in open court, unless otherwise provided by this Law. Defendants shall have the right to defense, and the people's courts shall have the duty to ensure the defendants' access to defense. 

Article 12   No one shall be found guilty without being adjudicated as such by a people's court according to law. 

Article 13   The people's courts shall apply the system whereby the people's assessors shall participate in the trying of cases in accordance with this Law. 

Article 14   The people's courts, people's procuratorates and public security organs shall ensure the right to defense and other procedural rights which the criminal suspects, defendants and other litigation participants are entitled to in accordance with law. 

A litigation participant shall have the right to file a charge against a judge, procurator or an investigator who acts to infringe on the citizen's procedural rights or subject the participant to personal indignity. 

Article 15   A criminal suspect or defendant who voluntarily and truthfully confesses a crime he has committed, admits the facts of the crime accused of, and is willing to accept corresponding punishment shall be allowed for leniency. 

Article 16   No one shall be investigated and held for criminal responsibility in any of the following circumstances; if a person has already been investigated for criminal responsibility, the case shall be dismissed, or prosecution be dropped, or trial terminated, or he be declared innocent: 

(1) If the act is obviously minor, which causes no serious harm and is therefore not deemed a crime; 

(2) If the time limit for criminal prosecution has expired; 

(3) If an exemption of criminal punishment has been granted in a special pardon 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 any other law provides 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 a foreigner with diplomatic privileges and immunities commits a crime for which criminal responsibility should be investigated, such a case shall be resolved through diplomatic channels. 

Article 18   In accordance with international treaties which the People's Republic of China has concluded or acceded to or on the principle of reciprocity, the judicial organs of China and those 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.   

People's procuratorates may file cases for investigation when they find in exercising legal supervision over litigation activities that there are judicial officers taking advantage of their functions and powers and committing crimes such as illegally detaining others, extorting confessions by torture or engaging in illegal search, which infringe upon the rights of citizens and undermine justice. Where there is a need for the people's procuratorates to directly handle cases of grave crimes which are committed by state functionaries taking advantage of their functions and powers and which are under the jurisdiction of public security organs, the people's procuratorates may file such cases for investigation upon decision by the people's procuratorates at or above the provincial level. 

Cases of private prosecution shall be handled directly by the people's courts. 

Article 20   Primary people's courts shall have jurisdiction as courts of first instance over ordinary criminal cases, except those cases which fall under the jurisdiction of the people's courts at higher levels as stipulated by this Law. 

Article 21   Intermediate people's courts shall have jurisdiction as courts of first instance over the following criminal cases:   

(1) Crimes endangering state security and crimes of terrorist activity; and   

(2) Crimes punishable by life imprisonment or death penalty. 

Article 22   Higher people's courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province (or autonomous region, or municipality directly under the Central Government). 

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

Article 24   When necessary, people's courts may try criminal cases over which the people's courts at lower levels have jurisdiction as courts of first instance. Where a people's court considers that the circumstances of a criminal case is grave or complex and thus necessitating the trial of first instance by the people's court at a higher level, it may request that the case be transferred to the people's court at the next higher level 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   Where two or more people's courts at the same level have jurisdiction over a case, the case shall be tried by the people's court that first accepts it. When necessary, the case may be transferred for trial by the people's court in the principal place where the crime was committed. 

Article 27   A people's court 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 

Recusal

Article 29   In any of the following situations, a judge, procurator or investigator shall voluntarily recuse himself, and the parties to the case and their legal representatives shall have the right to demand his recusal:   

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

(2) If he or a near relative of his has an interest in the case;  

(3) If he has served as a witness, expert witness, defender or agent ad litem in the current case; or   

(4) If he has any other relations with a party to the case, which may affect the impartial handling of the case. 

Article 30   A judge, procurator or investigator shall not accept invitation to meals or gifts from a party to the case or from a person entrusted by such a party, and shall not, in violation of regulations, meet with a party to a case or a person entrusted by such a party.   

A judge, procurator or investigator who violates the provisions of the preceding paragraph shall be investigated for legal responsibility. The parties to the case and their legal representatives shall have the right to request him to recuse. 

Article 31   The recusal 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 recusal of the president of the court shall be determined by the court's judicial committee; and the recusal 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 recusal. 

If a decision has been made to reject the application for recusal, the party to the case and his legal representative may apply for reconsideration once. 

Article 32   The provisions on recusal in this Chapter shall also be applicable to court clerks, interpreters and expert witnesses. 

Defenders and agents ad litem may demand recusal and apply for reconsideration of the decision thereon in accordance with 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 defendant may engage through authorization one or two persons as his defender(s). The following persons may be authorized as defenders:    

(1) Lawyers;   

(2) Persons recommended by a public organization or by the entity for which the criminal suspect or defendant works; and   

(3) Guardians or relatives and friends of the criminal suspect or defendant. 

A person who is subjected to criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve as a defender. 

A person who has been expelled from public office or whose lawyer's or notary's practice certificate has been revoked shall not serve as a defender, unless he is the guardian or a near relative of the criminal suspect. 

Article 34   A criminal suspect shall have the right to engage defender(s) when he is interrogated for the first time or from the date when he is subjected to a compulsory measure by an investigatory body; however, he can only engage lawyer(s) as his defender(s) during the investigatory period. A defendant is entitled to defender(s) at any time. 

An investigatory body shall inform the latter that he has the right to engage defender(s) at the first time when a criminal suspect is interrogated or subjected to a compulsory measure. A people's procuratorate shall, within three days from the date of receiving the file record of a case transferred for prosecution, inform the criminal suspect that he has the right to engage defender(s). A people's court shall, within three days from the date of accepting a case, inform the defendant that he has the right to defender(s). Where a criminal suspect or defendant held in custody requests defender(s), the people's court, people's procuratorate or public security organ shall deliver his request in a timely manner. 

Where a criminal suspect or defendant is held in custody, his guardian or near relative may engage defender(s) for him. 

A defender shall, once being engaged by a criminal suspect or defendant, inform the authority handling the case of his authorization in a timely manner. 

Article 35   Where a criminal suspect or defendant fails to engage a defender due to financial difficulty or other reasons, he or his near relative may apply to a legal aid agency. If he is eligible to legal aid, the legal aid agency shall appoint a lawyer to defend him.   

Where a criminal suspect or defendant fails to engage a defender, and he is blind, deaf or dumb, or a mental patient who is not completely aware of or has incomplete ability to control his own conduct, a people's court, people's procuratorate or public security organ shall inform a legal aid agency for appointing a lawyer to defend him. 

Where a criminal suspect or defendant fails to engage a defender and he may be sentenced to life imprisonment or death penalty, a people's court, people's procuratorate or public security organ shall inform a legal aid agency for appointing a lawyer to defend him. 

Article 36   Legal aid agencies may station duty lawyers in such premises as the people's courts or detention houses. In case that a criminal suspect or defendant fails to engage a defender and no legal aid agency has appointed a lawyer to defend him, a duty lawyer may offer assistance in legal consultation, advice on procedural choice, application for alteration of compulsory measures and providing opinions on the case, etc. 

A people's court, people's procuratorate and detention house shall inform a criminal suspect or defendant of his right to meet with a duty lawyer, and shall facilitate the criminal suspect or defendant in meeting with a duty lawyer. 

Article 37   The responsibility of a defender is, based on the facts and law, to put forward materials and opinions showing that a criminal suspect or defendant is innocent, that his defense is a light one, or that he should be exempted from criminal responsibility or bear mitigated criminal responsibility, and to protect the procedural rights and other legitimate rights of the criminal suspect or defendant. 

Article 38   A defense lawyer may provide a criminal suspect with legal help during the investigatory period, act as the agent ad litem for filing a complaint or charge, apply for altering the applied compulsory measure, inquire of an investigatory body about the suspected crime and relevant information of the case and put forward opinions. 

Article 39   A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders may do so with permission of the people's court or people's procuratorate. 

Where a lawyer requests to meet with the criminal suspect or defendant in custody on the strength of his practice certificate, paper issued by his law firm, and the letter of authorization or official legal aid paper, the detention house shall make arrangements in a timely manner for them to meet, without exceeding 48 hours the latest. 

For a case under investigation which involves a crime endangering national security or a crime of terrorist activity, a defense lawyer shall obtain approval from the investigatory body for meeting with the criminal suspect held in custody during the investigatory period. In such a case, the investigatory body shall notify the detention house in advance. 

A defense lawyer may inquire about the case involved, provide legal consultation, etc. when meeting with the criminal suspect or defendant in custody; and may verify relevant evidence with the criminal suspect or defendant from the date the case is transferred for prosecution. A defense lawyer's meeting with the criminal suspect or defendant shall not be subject to surveillance. 

Provisions of the first, third and fourth paragraphs shall be applicable to a defense lawyer's meeting and correspondence with a criminal suspect or defendant under house arrest. 

Article 40   A defense lawyer may consult, excerpt and duplicate the case files pertaining to the case he or she is handling from the date the case is being examined by the people's procuratorate for prosecution. Other defenders may also consult, excerpt and duplicate the aforesaid materials upon permission of the people's court or people's procuratorate. 

Article 41   If a defender believes that the public security organ or people's procuratorate fails to submit the evidence collected during the periods of investigation and examination for prosecution which can prove the innocence of the criminal suspect or defendant or prove that the crime committed is lighter than the one charged, the defender shall have the right to apply to the people's procuratorate or people's court for access to such evidence. 

Article 42   If a defender finds that a criminal suspect has an alibi, or that there is evidence proving that the criminal suspect has not reached the age for assuming criminal responsibility or is an mental patient who should not assume any criminal responsibility in accordance with law, the defender shall inform the public security organ and people's procuratorate as such without delay. 

Article 43   A defense lawyer may, with the consent of witnesses or other entities and individuals concerned, collect from them information pertaining to the current case. The defense lawyer may also apply to the people's procuratorate or people's court for collection and obtaining of evidence, or request the people's court to notify a witness for appearing in court and giving testimony.  

With the permission of the people's procuratorate or people's court, and with the consent of a victim or of a witness provided by the victim's near relative or the victim himself, a defence lawyer may collect information pertaining to the current case from the said victim or witness. 

Article 44   No defender or any other person may assist a criminal suspect or defendant in concealing, destroying or falsifying evidence, or collide to tally a confession, or threat or entice a witness into giving false testimony, or engage in any other act interfering with the proceedings carried out by judicial organs. 

A person violating the provisions of the preceding paragraph shall be investigated for legal responsibility according to law, and a defender suspected of committing a crime shall be dealt with by an investigatory body other than the one handling the case for which the defender is engaged. If the aforesaid defender is a lawyer, the law firm or lawyers' association he belongs to shall be notified of such a matter in time. 

Article 45   During a trial, a defendant may refuse to have his defender continue to defend him and may authorize another defender for such a purpose. 

Article 46   A victim of a publicly prosecuted case, his legal representative or near relative, and a party to an incidental civil action and his legal representative shall have the right to engage an agent ad litem from the date when the case is transferred for prosecution. In a privately prosecuted case, the private prosecuting party and his legal representative, and a party to an incidental civil action and his legal representative shall have the right to engage an agent ad litem at any time.   

The people's procuratorate shall, within three days from the date of receiving the file record of a case transferred for prosecution, notify the victim and his legal representative or near relative, and the party to an incidental civil action and his legal representative that they have the right to engage their own agent ad litem. The people's court shall, within three days from the date of accepting a case of private prosecution, notify the private prosecuting party and his legal representative, and the party to an incidental civil action and his legal representative that they have the right to engage their own agent ad litem. 

Article 47   The provisions of Article 33 of this Law shall be applied mutatis mutandis to the engagement of an agent ad litem. 

Article 48   A defense lawyer is entitled to confidentiality as regards the situation and information of his client that he comes to know of in practice. However, if a defense lawyer becomes aware that his client or any other person is going to commit or is committing a crime that undermines national security or public security or that seriously endangers the safety of another person, the defense lawyer shall inform the judicial organs as such without delay. 

Article 49   If a defender or an agent ad litem believes that a public security organ, people's procuratorate or people's court, or any of its staff members obstructs the defender or agent ad litem from exercising his procedural rights in accordance with law, the defender or agent ad litem is entitled to lodge a complaint or bring an accusation with the people's procuratorate at the same or next higher level. The people's procuratorate concerned shall make an investigation upon receiving such a complaint or accusation, and if the situation complained or accused of is verified to be true, the people's procuratorate shall notify the relevant organ for rectification. 

Chapter V 

Evidence

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

Evidence shall comprise of the following:   

(1) Physical evidence;   

(2) Documentary evidence; 

(3) Testimony of a witness; 

(4) Statement of a victim: 

(5) Statement and exculpation of a criminal suspect or defendant;    

(6) Expert conclusion;      

(7) Record of inquest, examination, identification and investigatory experiment; and 

(8) Audio-visual material and electronic data. 

Evidence must be verified before it is used as the basis for deciding a case. 

Article 51   In a publicly prosecuted case, the burden of proof that a defendant is guilty lies with the people's procuratorate; whereas in a privately prosecuted case, the burden of proof lies with the prosecuting party. 

Article 52   A judge, procurator or investigator must, in accordance with the statutory procedure, collect various kinds of evidence, no matter it proving the criminal suspect's or defendant's guilt or innocence, or the crime to be a minor or grave one. It is strictly forbidden to extort confessions by torture or to collect evidence by threat, enticement, deceit or any other unlawful means. No one may be forced to incriminate himself. Conditions must be provided to guarantee that a citizen involved in a case or possessing information about a case has the opportunity to objectively and fully furnish evidence and, except in special circumstances, the aforesaid citizen may be brought in to help the investigation. 

Article 53   A public security organ's request for approval of detention, people's procuratorate's bill of prosecution and people's court's written judgment must faithfully stick to the facts. Anyone who intentionally conceals the facts shall be investigated for responsibility. 

Article 54   A people's court, people's procuratorate and public security organ shall have the authority to collect or obtain evidence from the entities and individuals concerned. Such entities and individuals concerned shall provide truthful evidence. 

Evidence collected by an administrative organ in the course of administrative law enforcement or handling of a case, such as physical evidence, documentary evidence, audio-visual material or electronic data, may be used as evidence in a criminal litigation.  

Evidence involving state secrets, trade secrets or privacy shall be kept confidential.    

Anyone who falsifies, conceals or destroys evidence, regardless of the standing he has in a case he, must be investigated for responsibility under the law. 

Article 55   In the handling and decision of a case, stress shall be laid on evidence, investigation and study, and credence shall not be readily given to oral statements. A defendant cannot be found guilty and sentenced if there is only his confession but no other evidence; however, a defendant may be found guilty and sentenced if, in the absence of his confession, there is reliable and sufficient evidence proving his guilt.  

The following conditions shall be met for evidence to be reliable and sufficient: 

(1) Every fact used for condemning a crime and sentencing shall be proved by evidence; 

(2) Every piece of evidence based on which a case is decided shall be examined and verified as true according to the statutory procedure; and 

(3) Based on all the evidence in a case, the facts ascertained thereby is beyond reasonable doubt. 

Article 56   A confession of a criminal suspect or defendant obtained by means of torture, or a witness's testimony or victim's statement obtained by violence, threat or other unlawful means shall be excluded. Physical evidence or documentary evidence that is obtained in violation of law and may seriously affect justice shall be supplemented, corrected, or reasonably explained; where supplementation, correction or reasonable explanation fails to be made, the aforesaid evidence shall be excluded. 

Evidence that should be excluded as is discovered during investigation, examination before prosecution or during trial, shall be excluded in accordance with law, and shall not be used as the basis for prosecutorial opinion or decision, nor as the basis for a court decision. 

Article 57   Where a people's procuratorate receives a complaint, an accusation or a report, or discovers that an investigator collects evidence by illegal means, it shall carry out an investigation for verification. If illegal means is resorted in the collection of evidence, it shall put forward an opinion on rectification; if a crime is committed, the said investigator shall be investigated for criminal responsibility accordance to law. 

Article 58   If, during a court trial, a judge believes there is a possibility that evidence is collected by illegal means specified in Article 56 of this Law, the judge shall investigate in court as regards the legality of the said evidence. 

A party and his defender or an agent ad litem is entitled to applying to a people's court for excluding illegally collected evidence in accordance with law. Whoever applies for exclusion of illegally collected evidence shall provide relevant clues or material. 

Article 59   During the court investigation for the legality of evidence collection, the people's procuratorate shall bear the burden of proof. 

In the absence of sufficient evidentiary material proving the legality of evidence collection, the people's procuratorate may request the people's court to notify relevant investigators or other persons concerned to give explanation before the court, and the people's court may, upon such a request, notify relevant investigators or other persons concerned to give explanation before the court. Relevant investigators or other persons concerned may also take the initiative to request to offer their explanation before the court. The persons concerned shall appear before the court if so notified by the people's court. 

Article 60   Evidence shall be excluded if court investigation confirms or is unable to rule out that there have been circumstances of collecting evidence by illegal means as is specified in Article 56 of this Law. 

Article 61   Testimony of a witness shall only be admitted as the basis for determining a case after the witness has been cross-examined in courtroom by the public procurator and the victim as one side and by the defendant and the defender as the other side. If a court finds through investigation that a witness intentionally gives false testimony or conceals criminal evidence, the court shall handle the matter in accordance with law. 

Article 62   All those who have information about a case shall have the duty to testify.    

Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves shall not be qualified as witnesses. 

Article 63   The people's court, people's procuratorate and public security organ shall ensure the safety of a witness and his near relatives.    

Anyone who intimidates, insults, beats or retaliates against a witness or his near relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; if the circumstances are not serious enough for criminal punishment, he shall be punished for violation of public security in accordance with law. 

Article 64   Where, a witness, expert witness or victim testifies in the proceedings of a crime endangering state security, a crime of terrorist activity, a crime committed by an organization of the nature of a criminal gang, or a drug-related crime, etc., and thus the personal safety of the said person or of his near relative is endangered, the people's court, people's procuratorate and public security organ shall adopt one or more of the following protective measures: 

(1) Keeping confidential the real name, address, employer and other personal information of the aforesaid person; 

(2) Avoiding exposing the actual appearance or true voice of the person who testifies in court; 

(3) Prohibiting certain persons from having contact with the said witness, expert witness, victim and his near relatives; 

(4) Adopting special measures to protect the personal safety and residential security of the aforesaid persons; and 

(5) Other necessary protective measures. 

A witness, expert witness or victim who believes that his personal safety or the personal safety of his near relatives is in danger due to his testimony in the proceedings may apply for protection with the people's court, people's procuratorate or public security organ. 

Relevant entities and individuals shall provide cooperation when a people's court, people's procuratorate or public security organ takes protective measures in accordance with law. 

Article 65   A witness shall be entitled to allowance in terms of transportation, accommodation and food expenses incurred for performing the obligation of giving testimony. The allowance granted to a witness for giving testimony shall be included in the operational expenses of judicial organs and be guaranteed by the people's government's finance at the same level. 

Where the witness is an employee, the entity he works for shall not deduct his salary, bonus or any other benefit or do so in a disguised form. 

Chapter VI 

Compulsory Measures 

Article 66   A people's court, people's procuratorate and public security organ may, according to the circumstances of a case, issue a warrant to compel the appearance of the criminal suspect or defendant, release him awaiting trial on bail or a guarantor, or subject him to residential surveillance. 

Article 67   A people's court, people's procuratorate and public security organ may allow a criminal suspect or defendant under any of the following conditions to be released on bail or a guarantor: 

(1) Where the criminal suspect or defendant may be sentenced to controlled release, criminal detention, or to a supplementary punishment separately meted out; 

(2) Where the criminal suspect or defendant may sentenced to fixed-term imprisonment or a severer punishment, but will not pose a threat to the society if he is released on bail or a guarantor; 

(3) Where the criminal suspect or defendant is suffering from a serious illness and cannot take care of oneself, or is pregnant or breastfeeding her baby, and will not pose a threat to the society if the criminal suspect or defendant is released on bail or a guarantor; or 

(4) Where the case involved has not been concluded upon expiration of the custodial period, and therefore release of the criminal suspect or defendant on bail or a guarantor is required. 

Release on bail or a guarantor shall be executed by public security organs. 

Article 68   If a people's court, people's procuratorate or public security organ decides to allow a criminal suspect or defendant to be released on bail or a guarantor, they shall order the criminal suspect or defendant to provide a guarantor or pay the bail bond. 

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

(1) He is not involved in the current case;   

(2) He is able to perform a guarantor's obligations;   

(3) He is entitled to political rights and not subjected to any restriction of personal freedom; and  

(4) He has a fixed domicile and a steady income. 

Article 70   A guarantor shall perform the following obligations: 

(1) To ensure that the person under his guarantee observes the provisions of Article 71 of this Law; and 

(2) To promptly report to the executing organ in case of discovering that the person under his guarantee might commit or has already committed an act prescribed in Article 71 of this Law. 

Where the guarantor fails to perform the aforesaid obligations when the person under his guarantee commits an act in violation of the provisions of Article 71 of this Law, the guarantor shall be given a fine; where such failure constitutes a crime, he shall investigated for criminal responsibility in accordance with law. 

Article 71   A criminal suspect or defendant who is released on bail or a guarantor shall abide by the following provisions: 

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

(2) To report any change of address, employer and contact information to the executing organ within 24 hours of the change; 

(3) To appear before the court on time when summoned; 

(4) Not to interfere, in any form, with any witness giving testimony; and 

(5) Not to destroy or falsify evidence or tally confessions. 

A people's court, people's procuratorate and public security organ may, depending on the circumstances of a case, order the criminal suspect or defendant who has been released on bail or a guarantor to abide by one or more of the following provisions: 

(1) Not to enter certain places; 

(2) Not to meet or correspond with certain persons; 

(3) Not to engage in certain activities; and 

(4) To surrender his passport and other exit or entry documents and driver's license to the executing organ. 

Where a criminal suspect or defendant who has been released on bail or a guarantor violates the provisions of the preceding two paragraphs, part or all of the bail bond paid shall be forfeited, and depending on the specific circumstances, the criminal suspect or defendant shall be ordered to write a recognizance of repentance, pay another bail bond or provide another guarantor, or be placed under house arrest or detention. 

In case of a criminal suspect or defendant violating the provisions for release on bail or a guarantor, and the detention of him is necessary, the criminal suspect or defendant may be put under arrest first. 

Article 72   When determining the amount of the bail bond to be paid, the organ rendering the release on bail shall take into account the requirements for ensuring the normal proceedings of litigation activities, the potential danger posed to the society by the person to be released on bail, the nature and circumstances of the case, the severity of the possible sentencing and the financial conditions of the person to be released on bail. 

The person who provides the bail bond shall deposit the money in a special bank account designated by the executing organ. 

Article 73   If a criminal suspect or defendant does not violate any of the provisions of Article 71 of this Law during the period when he is released on bail or a guarantor, he shall collect the deposited bond from the relevant bank upon expiration of the bail period by presenting the notice on termination of release on bail or other relevant legal instruments. 

Article 74   A people's court, people's procuratorate and public security organ may place under house arrest a criminal suspect or defendant who meets the conditions for detention but is under any of the following circumstances: 

(1) Who is seriously ill and cannot take care of himself; 

(2) Who is pregnant or breastfeeding her baby; 

(3) Who is the sole supporter of someone who is unable to take care of himself; 

(4) House arrest is more appropriate considering the special circumstances of the case or the need for case handling; or 

(5) Whose case has not been concluded upon expiration of the custodial period, and therefore house arrest is necessary. 

A criminal suspect or defendant who meets the conditions for release on bail or a guarantor, but fails to provide a guarantor or pay the bail bond may be placed under house arrest. 

House arrest shall be executed by a public security organ. 

Article 75   House arrest shall be enforced at the domicile of a criminal suspect or defendant, or at a designated place of residence if he has no regular domicile. Where, for a criminal suspect or defendant suspected of committing a crime endangering state security or a crime of terrorist activity, putting him under house arrest at his domicile may impede the investigation, he may be placed under house arrest at a designated place of residence upon approval by the public security organ at the next higher level. However, house arrest may not be enforced in a detention house or a special venue for case investigation. 

Where a criminal suspect or defendant is placed under house arrest at a designated place of residence, a notice related thereto shall be given to his family within 24 hours upon enforcement of house arrest, unless such a notice cannot be processed. 

Where a criminal suspect or defendant under house arrest engages a defender, the provisions in Article 34 of this Law shall apply. 

People's procuratorates shall exercise supervision over the legality of the decision on and enforcement of house arrest at designated places of residence. 

Article 76   The time period of house arrest at designated places of residence shall be deducted from the term of sentenced punishment. For criminals sentenced to controlled release, each day of house arrest shall be counted as one day of the term of sentenced punishment; for criminals sentenced to criminal detention or fixed-term imprisonment, two days of house arrest shall be counted as one day of the term of sentenced punishment. 

Article 77   A criminal suspect or defendant under house arrest shall abide by the following provisions: 

(1) Without the permission of the executing organ, not to leave the residence where house arrest is applied; 

(2) Not to meet or correspond with any one without the permission of the executing organ; 

(3) To appear before the court in time when summoned; 

(4) Not to interfere, in any form, with a witness giving testimony; 

(5) Not to destroy or falsify evidence or tally confessions; and 

(6) To surrender passport and other exit or entry documents, identity certificate and driver's license to the executing organ. 

Where a criminal suspect or defendant placed under house arrest violates the provisions in the preceding paragraph and the circumstances are serious, he may be detained. Where it is necessary to detain such a criminal suspect or defendant, he may be put under arrest first. 

Article 78   An executing organ may monitor a criminal suspect or defendant under house arrest with respect to his compliance with house arrest provisions by means of electronic monitoring, ad hoc inspection, etc. During the investigation period, the correspondence of the criminal suspect under house arrest may be monitored. 

Article 79   The period granted by a people's court, people's procuratorate or public security organ to a criminal suspect or defendant for release on bail or a guarantor shall not exceed twelve months; and the period for house arrest shall not exceed six months.     

Investigation, prosecution and handling a case shall not be suspended during the period when the criminal suspect or defendant is released on bail or a guarantor or when he is under house arrest. Where it is discovered that a person should not be investigated for criminal responsibility or when the period for a criminal suspect's or defendant's release on bail or a guarantor or the period of his house arrest has expired, the bail or house arrest measure shall be lifted without delay; and the aforementioned person or criminal suspect or defendant and the entities concerned shall be notified of the lift of such a measure immediately. 

Article 80   Detention of a criminal suspect or defendant shall be subject to approval of the people's procuratorate or decision of the people's court and shall be executed by the public security organ. 

Article 81   Where there is evidence to support the facts of a crime and the criminal suspect or defendant involved is likely to be sentenced to a fixed-term imprisonment or a severer punishment, and releasing him on bail or a guarantor is insufficient to prevent the following dangers to the society, the said criminal suspect or defendant shall be detained in accordance with law: 

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

(2) There is a real risk that the criminal suspect or defendant may endanger state security, public security or public order; 

(3) The criminal suspect or defendant may destroy or falsify evidence, interfere with a witness giving testimony, or tally confession; 

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

(5) The criminal suspect or defendant tries to commit suicide or escape. 

For approving or deciding on the detention of a criminal suspect or defendant, such factors as the nature and circumstances of the crime, and whether the criminal suspect or defendant has taken a guilty plea shall be taken into account as to whether or not the said criminal suspect or defendant will post a danger to the society if he is released on bail or a guarantor. 

Where there is evidence to support the facts of a crime and the criminal suspect or defendant involved is likely to be sentenced to a fixed-term imprisonment of ten years or a severer punishment, or where there is evidence to support the facts of a crime and the criminal suspect or defendant is likely to be sentenced to a fixed-term imprisonment or a severer punishment, and he has intentionally committed a prior crime or his identity is unknown, the said criminal suspect or defendant shall be detained in accordance with law. 

A criminal suspect or defendant who is released on bail or a guarantor or placed under house arrest may be detained if he violates the provisions for release on bail or a guarantor or house arrest and the circumstances are serious.

Article 82   A public security organ may first arrest an active criminal or an important suspect under any of the following circumstances: 

(1) If he is preparing to commit a crime or 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 him 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 real name or address, or his identity is unknown; and 

(7) If he is strongly suspected of committing crimes from place to place, repeatedly, or in a gang. 

Article 83   When a public security organ is to arrest or detain a person who is 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   A person under any of the following circumstances may be seized outright and delivered to a public security organ, people's procuratorate or people's court by any citizen:  

(1) Who is committing a crime or is discovered immediately after committing a crime; 

(2) Who is wanted for a suspected crime;  

(3) Who has escaped from prison; and 

(4) Who is being pursued for a crime committed. 

Article 85   When arresting a person, a public security organ must produce an arrest warrant.    

After being arrested, the arrestee shall immediately be transferred to a detention house for custody, not exceeding 24 hours the latest. The arrestee's family shall be noticed within 24 hours after the arrest is made, unless a notice cannot be processed or where the arrestee is involved in a crime endangering state security or a crime of terrorist activity and such a notice may impede investigation. The family of the arrestee shall be given relevant information immediately after impediments thereto is removed. 

Article 86   A public security organ shall interrogate an arrestee within 24 hours after the arrest is made. If it is discovered that a person should not have been arrested, the public security organ shall immediately release him and issue a release certificate to him. 

Article 87   For a public security organ to detain a criminal suspect, it shall prepare a detention request in written form and transfer the request along with the case file and evidence to the people's procuratorate at the same level for approval. Where necessary, the people's procuratorate may send procurators to participate in the discussion of a major case held by the public security organ. 

Article 88   When examining a case as regards whether to approve a request to detain a criminal suspect, the people's procuratorate may interrogate the criminal suspect; and it shall interrogate him under any of the following circumstances: 

(1) Where there is a doubt over whether the conditions for detention are satisfied; 

(2) Where the criminal suspect requests to make a statement in front of a procurator; or 

(3) Where there may be a major violation of law in the investigation.

During the course of examination as to whether to approve a detention request, the people's procuratorate may question witnesses and other litigation participants, and listen to the opinions of the defense lawyer(s), and it shall hear the opinions of the defense lawyer(s) if they request to be heard. 

Article 89   Whether or not to approve the detention of a criminal suspect shall be subject to the decision of the chief procurator. Major cases shall be submitted to the procuratorial committee for discussion and decision. 

Article 90   After a people's procuratorate has examined a case for which the public security organ submitted a detention request, the people's procuratorate shall decide whether or not to approve the detention request according to the circumstances of the case. If it decides to approve the detention, the public security organ shall execute the decision immediately and inform the people's procuratorate of the results of execution in time. If the people's procuratorate decides to disapprove the detention, it shall state the reasons; and if a supplementary investigation is necessary, it shall at the same time notify the public security organ as such. 

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

As to a request for detaining a major criminal suspect who has committed crimes from place to place, repeatedly, or in a gang, the time limit for submitting the detention request may be extended to 30 days.     

The people's procuratorate shall decide whether or not to approve a detention request within seven days from the date of receiving the written request submitted by a public security organ. If the people's procuratorate disapproves the detention, the public security organ shall, upon receiving the notice of disapproval, immediately release the arrestee and inform the people's procuratorate of the results without delay. If further investigation is necessary and the arrestee meets the conditions for release on bail or a guarantor or the conditions for house arrest, he shall be released on bail or a guarantor or be placed under house arrest according to law. 

Article 92   If the public security organ believes that the people's procuratorate's decision to disapprove a detention request is erroneous, the public security organ may request a reconsideration but must immediately release the arrestee. If the public security organ's opinion is still not accepted upon reconsideration, it may apply for review by the people's procuratorate at the next higher level. The said people's procuratorate at the next higher level shall immediately review the matter, make a decision on whether or not to revise the decision of the lower-level people's procuratorate, and notify the lower-level people's procuratorate and the public security organ to implement the review decision. 

Article 93   For detaining a person, the public security organ must produce the detention paper. 

After a person is detained, he shall immediately be transferred to a detention house for custody and his family shall be notice as such within 24 hours unless such a notice cannot be processed. 

Article 94   Interrogation of a detainee must be conducted within 24 hours after he is detained upon a decision of the people's court or people's procuratorate, or is detained by the public security organ with the approval of the people's procuratorate. Where it is found that a person should not have been detained, the person must be immediately released and a release certificate be issued to him. 

Article 95   After a criminal suspect or defendant is detained, the relevant people's procuratorate shall still examine the necessity for keeping him in custody. If it is not necessary, the people's procuratorate shall make a suggestion on releasing him or altering the compulsory measure. The relevant organ shall notify the people's procuratorate of the results of the handling within 10 days. 

Article 96   Where a people's court, people's procuratorate or public security organ finds that the compulsory measure applied to a criminal suspect or defendant is inappropriate, such a measure shall be cancelled or altered without delay. Where a public security organ releases a detainee or alter the measure for arrest, it shall notify the people's procuratorate that approved the detention as such. 

Article 97   A criminal suspect or defendant and his legal representative, near relative or defender is entitled to applying for the alteration of compulsory measures. The people's court, people's procuratorate or public security organ concerned shall make a decision within three days upon receipt of the application, and if it rejects such an application, it shall inform the applicant of the reasons. 

Article 98   Where a criminal suspect or defendant is kept in custody, if the handling of his case cannot be concluded on the expiration of the prescribed time period for investigation, examination for prosecution or the proceedings of first or second instance as are prescribed by this Law, the criminal suspect or defendant shall be released. Where further investigation, verification or trial is necessary, the criminal suspect or defendant may be released on bail or a guarantor or be placed under house arrest. 

Article 99   Upon expiration of the statutory time limit for a compulsory measure applied to a criminal suspect or defendant, a people's court, people's procuratorate or public security organ shall release the criminal suspect or defendant, lift the compulsory measure such as release on bail or a guarantor or house arrest, or alter the compulsory measure in accordance with law. The criminal suspect or defendant, and his legal representative, near relative or defender is entitled to request the people's court, people's procuratorate or public security organ to lift the compulsory measure upon expiration of the statutory time limit thereof. 

Article 100   If, in the process of examining a detention request, the people's procuratorate discovers illegalities in the investigatory activities of a public security organ, it shall notify the public security organ for correction, and the said public security organ shall notify the people's procuratorate of the corrections it has made.

Chapter VII 

Incidental Civil Actions

Article 101   A victim who has suffered property losses due to the defendant's criminal offense is entitled to bring an incidental civil action during the criminal proceedings. Where the victim has died or lost the capacity for civil conduct, his legal representative or near relative is entitled to bring an incidental civil action. 

In the event of any loss incurred to state- or collectively-owned property, a people's procuratorate may bring an incidental civil action when initiating a public prosecution. 

Article 102   When necessary, a people's court may take preservation measures to seal up, seize or freeze a defendant's property. The plaintiff or people's procuratorate to an incidental civil action may apply to the people's court for taking preservation measures. The relevant provisions of the Civil Procedure Law shall be applicable where the people's court takes preservation measures. 

Article 103   A people's court, in hearing an incidental civil case, may conduct mediation or make a judgment or ruling thereon according to the amount of property losses. 

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 trial 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 period shall be counted 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 period.   

A statutory 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. 

If the last day of a statutory time period falls on a public holiday, the day immediately following the public holiday shall be regarded as the expiration date of the time period; however, the time period for holding a criminal suspect, defendant or criminal in custody shall expire on the last day of the period, and shall not be extended due to the public holiday. 

Article 106   When a party cannot meet a deadline due to force majeure or other legitimate reasons, he may, within five days after the obstacle is removed, apply for continuing the proceedings that should have been completed before the expiration of the prescribed time period. 

A people's court shall decide whether or not to approve such an application as is prescribed in the preceding paragraph. 

Article 107   A summons, notice or any other court document shall be delivered to the addressee himself; if the addressee is absent, the document may be received on his behalf by an adult member of his family or a responsible person of the entity he works for.   

If the addressee or a person on behalf of the addressee refuses to accept a document delivered or sign or affix a seal to the receipt, the person serving the document may ask the addressee's neighbors or other witnesses to the scene, explain the situation to them, leave the document at the addressee's residence, record on the service certificate the particulars of the refusal and the date of service and sign his name to 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" refers to the work a public security organ or people's procuratorate carries out in relation to a criminal case, including the collection of evidence, the efforts in finding out the truth and the related compulsory measures taken according to law.   

(2) "A party" refers to a victim, private prosecuting party, criminal suspect or defendant, or a plaintiff or defendant in an incidental civil action.   

(3) "A legal representative" refers to a parent, foster parent or guardian of a ward, a representative of a state organ or public organization which is responsible for protecting the ward;   

(4) "A participant in the proceedings" refers to a party or a legal representative of the party, an agent ad litem, a defender or witness, or an expert witness or interpreter;   

(5) "An agent ad litem" refers to a person who is engaged by a victim in a case of public prosecution or by the legal representative or near relative of the victim or who is engaged by a private prosecuting party in a case of private prosecution or by his legal representative, to participate in legal proceedings on behalf of the said victim or private prosecuting party, and the person engaged by a party in an incidental civil action or his legal representative to participate in legal proceedings on behalf of the said party.  

(6) "A near relative" refers to a person's husband or wife, father, mother, son or daughter, or a brother or sister born of the same parent.