Part One General Provisions

Chapter I Aim and Basic Principles

Chapter II Jurisdiction

Chapter III Withdrawal

Chapter IV Defense and Procuration

Chapter V Evidence

Chapter VI Compulsory Measures

Chapter VII Incidental Civil Actions

Chapter VIII Time Periods and Service

Chapter IX Other Provisions

Part Two Filing a Case, Investigation and Initiation of Public Prosecution

Chapter I Filing a Case

Chapter II Investigation

Section 1 General Provisions

Section 2 Interrogation of the Criminal Suspect

Section 3 Questioning of the Witnesses

Section 4 Inquest and Examination

Section 5 Search

Section 6 Seizure of Material Evidence and Documentary Evidence

Section 7 Expert Evaluation

Section 8 Wanted Orders

Section 9 Conclusion of Investigation

Section 10 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

Chapter III Procedure of Second Instance

Chapter IV Procedure for Review of Death Sentences

Chapter V Procedure for Trial Supervision

Part Four Execution

Supplementary Provisions

Article 1 This Law is enacted in accordance with the Constitution to guarantee the correct implementation of the Criminal Law, punish crimes, protect the people, ensure the national security and social public security and maintain the social order of the socialist society.

Article 2 The Criminal Procedure Law makes it the objective to ensure the accurate and timely ascertainment through investigation of the criminal facts, the proper application of the law and punishments of criminals, to protect innocent people from undergoing criminal prosecution, to educate citizens to observe law voluntarily and take an active part in the struggle against criminal acts, to uphold the socialist legal system, to protect the personal rights, property rights, democratic rights and other rights of citizens, and to ensure the smooth progress of socialist construction.

Article 3 The public security organs are responsible for investigation, detention, execution of arrests and preliminary examination. The people's procuratorates are responsible for conducting procuratorial work, approving arrests, investigating cases directly accepted by the procuratorates and initiating public prosecutions. The people's courts are responsible for adjudication. Any other organs, organizations and individuals have no right to exercise such power, unless otherwise provided by law.

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

Article 4 The state security organs shall, according to the stipulations of the law, handle criminal cases endangering the state security and exercise the functions and power identical with those of the public security organs.

Article 5 The people's courts shall, according to the stipulations of the law, exercise independently judicial power and the people's procuratorates shall, according to the stipulations of the law, exercise independently procuratorial power, both of which shall be free of any interference by administrative organs, social organizations and individuals.

Article 6 In conducting criminal proceedings, the people's courts, the people's procuratorates and the public security organs must rely on the masses, base themselves 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, the people's procuratorates and the public security organs shall divide the 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, according to law, exercise legal supervision over criminal lawsuits.

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

Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality.

Article 10 In trying cases, the people's courts shall apply the system whereby the second instance is final.

Article 11 Cases in the people's courts shall be heard in public, unless otherwise provided by this Law. The accused shall have the right to defense, and the people's courts shall have the duty to guarantee his/her defense.

Article 12 No person shall be held guilty in absence of a judgment rendered by the people's court according to law.

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

Article 14 The people's courts, the people's procuratorates and the public security organs shall safeguard the procedural rights to which participants in proceedings are entitled according to law.

In cases where a minor under the age of 18 commits a crime, the legal representative of the criminal suspect or the accused may be notified to be present at the time of interrogation and trial.

Participants in proceedings shall have the right to file charges against judicial, procuratorial and investigatory personnel whose acts infringe on their citizens' procedural rights or subject their persons to indignities.

Article 15 Subject to one of the following instances, no criminal responsibility shall be investigated, and if investigation has been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the hearing shall be terminated, or innocence shall be declared:

(1) If an act is obviously of minor importance, causing no serious harm, and is therefore not deemed a crime;

(2) If the limitation period for criminal prosecution has expired;

(3) If an exemption of criminal punishment has been granted in a special amnesty decree;

(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 the accused is deceased; or

(6) Other instances for which laws provide an exemption from investigation of criminal responsibility.

Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.

If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels.

Article 17 The judicial organs of the country and their counterparts of foreign countries may mutually request judicial assistance in criminal cases, in accordance with the international treaties concluded or acceded to by the People's Republic of China, or according to reciprocal principle.

Article 18 Public security organs shall conduct investigations into criminal cases unless otherwise stipulated by law.

People's procuratorates shall file cases and conduct investigations into crimes regarding corruption, crimes regarding dereliction of duty committed by public employees of the state, crimes regarding infringement on the personal rights of, and on the democratic rights of, citizens committed by staff personnel of state organizations by abusing their authority in respect of illegal detention, extortion by torture of confession, retaliation and false charges, and illegal rummage. Other cases involving serious crimes committed by staff personnel of state organizations by abusing their authority, may be filed with and investigated by people's procuratorates, subject to the decision made by the people's procuratorate at provincial level or above, when the people's procuratorate concerned is required to directly accept the case.

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

Article 19 The basic people's courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases which fall under the jurisdiction of the people's courts at higher levels as stipulated by this Law shall be exceptions.

Article 20 The intermediate people's courts shall have jurisdiction as courts of first instance over the following criminal cases:

(1) Counter-revolutionary cases and cases endangering the national security;

(2) Ordinary criminal cases possibly resulting in a judgment of life imprisonment or death penalty; and

(3) Criminal cases involving crimes committed by foreigners.

Article 21 The higher people's courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province (or municipality directly under the Central Government, or autonomous region).

Article 22 The Supreme People's Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation.

Article 23 When necessary, people's courts at higher levels may try criminal cases over which people's courts at lower levels have jurisdiction as courts of first instance. If a people's court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by a people's court at a higher level, it may request that the case be transferred to the people's court at the next higher level for trial.

Article 24 A criminal case shall be under the jurisdiction of the people's court in the place where the crime was committed. If it is more appropriate for the case to be tried by the people's court in the place where the accused resides, then that court may have jurisdiction over the case.

Article 25 When two or more people's courts at the same level have jurisdiction over a case, it shall be tried by the people's court that first accepted it. When necessary the case may be transferred for trial to the people's court in the principal place where the crime was committed.

Article 26 A people's court at a higher level may instruct a people's court at a lower level to try a case over which jurisdiction is unclear and may also instruct a people's court at a lower level to transfer the case to another people's court for trial.

Article 27 The jurisdiction over cases in special people's courts shall be stipulated separately.

>Chapter III Withdrawal

Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:

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

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

(3) If he/she has served as a witness, expert witness or defender in the current case or has represented a party in an incidental civil action; or

(4) If he/she has any other relations with a party to the case that could affect the impartial handling of the case.

Article 29 Judicial, procuratorial and investigatory personnel shall not be allowed to accept invitation to entertainment or gifts by the party and the persons entrusted by him/her, or shall not be allowed to meet, in violation of stipulations, the party and the persons entrusted by him/her.

Judicial personnel, procuratorial personnel and investigatory personnel who have violated the provisions in the preceding paragraph, shall according to law be investigated into the legal responsibility. The party and his/her legal representative have the right to apply for the withdrawal of the personnel concerned.

Article 30 The withdrawal of judicial, procuratorial and investigatory personnel shall be determined respectively by the president of the court, the chief procurator, and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court's judicial committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial committee of the people's procuratorate at the corresponding level.

A member of the investigatory personnel may not suspend investigation of a case before a decision is made on his/her withdrawal.

In response to the decision on rejection of a party's application for withdrawal, the party and his/her legal representative may apply for a final reconsideration.

Article 31 The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.

Article 32 In addition to the exercise by himself/herself of the right to defense, the criminal suspect or the accused may entrust one or two persons as his/her defenders, and following persons may be entrusted to be defenders:

(1) Lawyers;

(2) Persons recommended by a people's organization or the unit by which the criminal suspect or the accused is employed; and

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

The persons undergoing criminal punishments or being deprived of or restrained from personal liberty according to law shall not act as defenders.

Article 33 The right of a criminal suspect to entrust defenders in public prosecution accrues on the day when the case is submitted for examination and prosecution. The accused in a private prosecution has the right to entrust defenders at any time.

The people's procuratorate shall, within three days from the day of receiving the file of the case submitted for examination and prosecution, inform the criminal suspect of the right to entrust defenders. The people's court shall, within three days from the day of accepting the private prosecution, inform the accused of the right to entrust defenders.

Article 34 In case a public prosecutor appears in court to conduct a public prosecution while the accused has not entrusted his/her defenders on account of economic difficulty or for other reasons, the people's court may designate a lawyer duty-bound to provide legal assistance to defend him/her.

In case the accused who is blind, deaf or mute or who is a minor, does not entrust a defender, the people's court shall designate a lawyer duty-bound to provide legal assistance to defend him/her.

In case the accused who may possibly be sentenced to death penalty does not entrust a defender, the people's court shall designate a lawyer duty-bound to provide legal assistance to defend him/her.

Article 35 The responsibility of a defender shall be to present, according to the facts and the law, materials and opinions proving the innocence of the criminal suspect or the accused, the pettiness of his/her crime and the need for a mitigated punishment or exemption from criminal responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the accused.

Article 36 The defense lawyer may, from the day of the examination by the people's procuratorate of the prosecution case, consult, make extracts from and reproduce the litigation documents, documents of technical examination, and may meet and correspond with the criminal suspect in custody. Other defenders with the permission of the people's procuratorate may consult, make extracts from and reproduce the afore-said file documents, and may meet and correspond with the criminal suspect in custody.

The defense lawyer may, from the day of accepting the case by the people's court, consult, make extracts from and reproduce the file documents on criminal facts accused of, and may meet and correspond with the accused in custody. Other defenders with the permission of the people's court may consult, make extracts from and reproduce the afore-said file documents, and meet and correspond with the accused in custody.

Article 37 The defense lawyer may, with the consent of the witnesses or other relevant units and individuals, acquire information related to the case from them, or may apply to the people's procuratorate, or the people's court for collecting or obtaining by order the evidence, or apply to the people's court for notifying witnesses to testify in the court.

The defense lawyer, with the permission of the people's procuratorate or people's court, may with the consent of the victim, his/her near relatives or the witnesses provided by the victim, acquire information related to the case from them.

Article 38 The defense lawyer and other defenders shall not assist the criminal suspects or the accused to conceal, destroy, frame up evidence or act to collude with each other's confessions, and shall not threaten, entice witnesses to make alterations in testimony or give false testimony, and shall not commit any acts which may cause interference in prosecution activities conducted by judicial organs.

Legal responsibility shall be investigated into for violating the provisions of the preceding paragraph.

Article 39 During a trial, the accused may refuse to have his/her defender continue to defend him/her and may entrust his/her defense to another defender.

Article 40 The victim and his/her legal representative or near relatives in public prosecution, the parties and their legal representatives in an incidental civil action, have the right to entrust agents ad litem from the day when the case is submitted for examination and prosecution. The prosecutor and his/her legal representative in private prosecution, the parties and their legal representatives in an incidental civil action have the right to entrust agents ad litem at any time.

The people's procuratorates shall, within three days from the day of receiving the file of the case submitted for examination and prosecution, inform the victim and his/her legal representative or near relatives, the parties and their legal representatives in an incidental civil action of the right to entrust agents ad litem. The people's courts shall, within three days from the day of accepting a private prosecution, inform the prosecutor and his/her legal representative, the parties and their legal representatives in an incidental civil action of the right to entrust agents ad litem.

Article 41 Agents ad litem shall be entrusted by reference to the stipulations of Article 32 of this Law.

Article 42 All facts that prove the true circumstances of a case shall be evidence.

There shall be the following six categories of evidences:

(1) material evidence and documentary evidence;

(2) testimony of witnesses;

(3) statements of victims;

(4) statements and exculpation of criminal suspects or the accused;

(5) expert conclusions;

(6) records of inquests and examination; and

(7) video and audio materials.

Any of the above evidence must be verified before it can be used as the basis for deciding cases.

Article 43 Judicial, procuratorial and investigatory personnel must, in accordance with the legally prescribed process, collect various kinds of evidence that can prove the guilt or innocence of the criminal suspect or the accused and the gravity of his/her crime. It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to help the investigation.

Article 44 The public security organ's request for approval of arrest, the people's procuratorate's bills of prosecution and the people's court's written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.

Article 45 The people's courts, the people's procuratorates and the public security organs are empowered to collect, obtain by order evidence from relevant units and individuals. The relevant units and individuals shall furnish the true evidence.

Evidence involving state secrets shall be kept confidential.

Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he/she belongs to, must be investigated under the law.

Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral statements. The accused cannot be found guilty and sentenced to a criminal punishment if there is only his/her statement but no evidence; the accused may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his/her statement.

Article 47 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and victim as well as the accused and defenders, and after the testimonies of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with the law.

Article 48 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 49 The people's courts, people's procuratorates and public security organs shall guarantee the safety of witnesses and their near relatives.

Criminal responsibility shall be investigated according to law for menace, humiliation, beating, retaliation done to witnesses and their near relatives in case of a crime established; and if the seriousness is not enough for criminal punishments, an administrative penalty for public security shall be imposed according to law.

Article 50 The people's courts, the people's procuratorates and the public security organs may, according to the circumstances of a case, summon by warrant the criminal suspect or the accused, or order him/her to be bailed out for summons or reside under surveillance.

Article 51 The people's courts, people's procuratorates and public security organs may allow a criminal suspect or the accused to be bailed out for summons or reside under surveillance, who is subjected to one of the following conditions:

(1) Being possibly sentenced to surveillance, criminal detention or incidental punishment independently applicable; or

(2) Being possibly sentenced to a punishment not less than fixed-term imprisonment, but allowing him/her to be out on bail or reside under surveillance may not possibly cause danger to the society.

Bail out for summons and reside under surveillance shall be executed by public security organs.

Article 52 A criminal suspect or the accused in custody and his/her legal representative and near relatives have the right to apply for bail out for summons.

Article 53 The people's courts, people's procuratorates and public security organs that decide on bailing out for summons or residing under surveillance of a criminal suspect or the accused, shall order the criminal suspect or the accused to obtain a guarantor or pay the bail.

Article 54 Guarantors must meet the following conditions:

(1) Having no bearing on the cases concerned;

(2) Being capable to perform a guarantor's obligations;

(3) Enjoying political rights and personal liberty is not restrained; and

(4) Having fixed residence and regular income.

Article 55 Guarantors shall perform the following obligations:

(1) Supervise the guaranteed person who shall observe the stipulations of Article 56 of this Law; and

(2) Make timely report to the executing organ on the acts which the guaranteed person may possibly do or has already done in violation of the stipulations of Article 56 of this Law.

A guarantor who fails to make timely report on the acts committed by the guaranteed person in violation of the stipulations of Article 56 of this Law shall be fined, and if a crime is proved, shall be investigated into the criminal responsibility according to law.

Article 56 Criminal suspects or the accused who have been bailed out for summons shall observe the following stipulations:

(1) Shall not be allowed to leave the cities, counties they live in without the permission of the executing organs;

(2) Shall present themselves in time when being summoned;

(3) Shall not interfere in any manner with witnesses in testifying; and

(4) Shall not destroy, frame up evidence or act in collusion to make confessions.

In case of violation of the stipulations of the preceding paragraph by criminal suspects or the accused being bailed out for summons, the bail already paid shall be confiscated and criminal suspects or the accused shall be ordered, according to various circumstances, to make a statement of repentance, to pay again the bail, to obtain a guarantor, or to reside under surveillance or shall be arrested. Criminal suspects or the accused who have not violated the stipulations of the preceding paragraph when being out on bail, shall be refunded the bail that has been paid on expiration of the period for bailing out for summons.

Article 57 Criminal suspects or the accused residing under surveillance shall observe the following stipulations:

(1) Shall not leave the dwelling place without the permission of the executing organs, or in absence of a fixed dwelling place, shall not leave the appointed dwelling place without the permission of the executing organs;

(2) Shall not meet other persons without the permission of the executing organs;

(3) Shall present themselves in time when being summoned;

(4) Shall not interfere in any manner with witnesses in testifying; and

(5) Shall not destroy, frame up evidence or act in collusion to make confessions.

Criminal suspects or the accused who reside under surveillance may be arrested for serious violation of the stipulations of the preceding paragraph.

Article 58 The people's courts, people's procuratorates and public security organs shall allow criminal suspects or the accused to be bailed out for summons for a maximum period of 12 months, and to reside under surveillance for a maximum period of six months.

In the period of bailing out for summons or residing under surveillance, investigation, prosecution and examination of the case shall not be suspended. In case it is found that criminal responsibility shall not be investigated, or on the expiration of the period of bailing out for summons or residing under surveillance, the bailing out for summons or residing under surveillance shall be timely removed, and criminal suspects or the accused and the units concerned shall be timely informed of such removal.

Article 59 Arrests must be approved by a people's procuratorate or decided by a people's court and must be carried out by a public security organ.

Article 60 When criminal facts have been proved by evidence and the criminal suspect or the accused could be sentenced to a punishment not less than imprisonment, and if such measures as ordering him/her to be bailed out for summons or reside under surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating arrest, the criminal suspect or the accused shall be immediately arrested according to law.

If a criminal suspect or the accused who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own baby, the criminal suspect or the accused may be allowed to be bailed out for summons or reside under surveillance.

Article 61 Public security organs may initially detain an active criminal or a major suspect under any of the following conditions:

(1) If he/she is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime;

(2) If he/she is identified as having committed a crime by a victim or an eyewitness;

(3) If criminal evidence is found on his/her body or at his/her residence;

(4) If he/she attempts to commit suicide or escape after committing the crime, or he/she is a fugitive;

(5) If there is likelihood of his/her destroying or falsifying evidence or colluding with others to give false statements;

(6) If he/she does not tell true name, address, and his/her identity is unknown; or

(7) If he/she is strongly suspected of being a runaway criminal or a criminal committing crimes repeatedly or in group.

Article 62 A public security organ effecting criminal detention or arrest in another area, shall inform the public security organ of that area wherein the person to be detained or arrested is located, and the public security organ in that area shall render coordination.

Article 63 The persons listed below may be seized outright by any citizen and delivered to a public security organ, a people's procuratorate or a people's court for handling:

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

(2) any person who is wanted for arrest;

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

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

Article 64 When detaining a person, a public security organ must produce a detention warrant.

Within 24 hours after a person has been detained, his/her family or the unit to which he belongs shall be notified of the reasons for detention and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.

Article 65 A public security organ shall interrogate a detainee within 24 hours after detention. If it is found that the person should not have been detained, he/she must be immediately released and issued a release certificate. If the public security organ finds it necessary to arrest a detainee when sufficient evidence is still lacking, it may allow the detainee to be bailed out for summons or reside under surveillance.

Article 66 When a public security organ intends to arrest a criminal suspect, it shall submit a written request for approval of arrest together with the case file and evidence to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send its personnel to participate in the public security organ's discussion of a major case.

Article 67 The chief procurator shall make the decision in a people's procuratorate's examination and approval of an arrest. Major cases shall be submitted to the procuratorial committee for discussion and decision.

Article 68 A people's procuratorate, having examined and considered the case submitted by the public security organ requesting for the approval of arrest, shall according to the circumstances make a decision on approval or disapproval of such arrest. In case of a decision on approval of such arrest, the public security organ shall promptly execute the arrest, and shall duly inform the people's procuratorate of the performance of the arrest. In case of a decision on disapproval of the arrest, the people's procuratorate shall state the reasons and, if supplementary investigation is required, shall inform the public security organ simultaneously.

Article 69 The public security organ, holding that it is necessary to arrest a detainee, shall, within three days after the detention, submit it to the people's procuratorate for examination and approval. Under special circumstances, the time limit for the submission may be extended by one to four days.

With regard to those who are strongly suspected of being runaway criminals or of being criminals committing crimes repeatedly or in group, the time limit for submission and approval may be extended to 30 days.

The people's procuratorate shall, within seven days after the day of receiving the request for approval of arrest submitted by the public security organ, make a decision on approval or disapproval of the arrest. In case of disapproval of the arrest by the people's procuratorate, the public security organ shall promptly release the detainee after receiving the notice, and shall duly inform the people's procuratorate of such release. Where further investigation is required and in conformity with the conditions for bailing out for summons or residing under surveillance, bailing out for summons or residing under surveillance shall be conducted according to law.

Article 70 If the public security organ considers the people's procuratorate's decision to disapprove an arrest to be incorrect, it may request a reconsideration but must immediately release the detainee. If the public security organ's opinion is not accepted, it may request a review by the people's procuratorate at the next higher level. The higher people's procuratorate shall immediately review the matter, decide whether or not to make a change and notify the lower people's procuratorate and the public security organ to implement the decision.

Article 71 When making an arrest, a public security organ must produce an arrest warrant.

Within 24 hours after an arrest, the family of the arrested person or the unit to which he/she belongs shall be notified of the reasons for arrest and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.

Article 72 Interrogation must be conducted within 24 hours after the arrest, by a people's court or people's procuratorate with respect to a person it has decided to arrest, and by a public security organ with respect to a person it has arrested with the approval of the people's procuratorate. If it is found that the person should not have been arrested, he/she must be immediately released and issued a release certificate.

Article 73 The people's courts, people's procuratorates and public security organs, if finding improper compulsory measures have been taken against the criminal suspects or the accused, shall timely withdraw or make alterations. Public security organs, releasing arrested persons or making change in the measures of arrests, shall accordingly inform the people's procuratorates making the original approval.

Article 74 Where cases involving criminal suspects or the accused in custody which can not be wound up within the time limit stipulated in this Law for custody for investigation, examination and prosecution, or trial either in the first instance or in the second instance, require continued investigation, examination or trial, the criminal suspects or the accused may be bailed out for summons or reside under surveillance.

Article 75 Criminal suspects or the accused and their legal representatives, near relatives or the lawyers and other defenders entrusted by the criminal suspects or the accused have the right to demand the removal of compulsory measures, provided the compulsory measures taken by the people's courts, people's procuratorates or public security organs exceed the time limit stipulated by law. The people's courts, people's procuratorates and public security organs shall, subject to the compulsory measures exceeding the prescribed time limit, release the criminal suspects or the accused, remove bailing out for summons or residing under surveillance or shall according to law change the compulsory measures.

Article 76 If in the process of examining and approving arrests, a people's procuratorate discovers illegalities in the investigatory activities of the public security organ, it shall notify the public security organ to make corrections, and the public security organ shall notify the people's procuratorate of what corrections have been made.

Article 77 If a victim has suffered material losses as a result of the criminal act of the accused, he/she shall have the right to file an incidental civil action during the course of the criminal proceeding.

If losses have been caused to state property or collective property, the people's procuratorate may file an incidental civil action while initiating a public prosecution.

When necessary, the people's court may seal up or distrain upon the property of the accused.

Article 78 An incidental civil action shall be heard together with the criminal case. Only for the purpose of preventing excessive delay in a trial of the criminal case may the same judicial organization, after completing the trial of the criminal case, continue to hear the incidental civil action.

Article 79 Time periods shall be calculated by the hour, the day and the month.

The hour and day from which a time period begins shall not be counted as within the time period.

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

Article 80 When a party cannot meet a deadline due to irresistible causes or for other legitimate reasons, he/she may, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

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

Article 81 Summons, notices and other court documents shall be delivered to the addressee himself/herself; if the addressee is absent, the documents may be received on his/her behalf by an adult member of his/her family or a responsible person of his/her unit.

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

>Chapter IX Other Provisions

Article 82 For the purpose of this Law, the definitions of the following terms are:

(1) "Investigation" refers to the specialized investigatory work and related compulsory measures carried out according to law by public security organs and people's procuratorates in the process of handling cases;

(2) "Parties" refer to the victim, private prosecutor, criminal suspect, the accused, and the plaintiff and defendant in an incidental civil action;

(3) "Legal representatives" refer to the parents, foster parents or guardians of a person being represented and representatives of the government organ or people's organization responsible for that person's protection;

(4) "Participants to litigation" refer to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and interpreters;

(5) "Agents ad litem" refer to the persons entrusted by the victim or his/her legal representative or near relatives to participate on their behalf in the proceedings of public prosecutions, or persons entrusted by the prosecutors or their legal representatives to participate on their behalf in the proceedings of private prosecutions, or the persons entrusted by the parties or their legal representatives to participate on their behalf in the proceedings of an incidental civil action;

(6) "Near relatives" refer to a person's husband or wife, father, mother, son(s), daughter(s), and brother(s) and sister(s) born of the same parents.

Part Two Filing a Case, Investigation and Initiation of Public Prosecution

>Chapter I Filing a Case

Article 83 The public security organs or people's procuratorates shall, upon discovering criminal facts or criminal suspects, file a case and conduct investigation according to their respective jurisdiction.

Article 84 Any units and individuals shall, upon discovering criminal facts or criminal suspects, have the right and duty to make a report on a case or to give information of a case to a public security organ, people's procuratorate or people's court.

The victim has the right to report the case to or lodge his/her complaints with the public security organ, people's procuratorate or people's court in respect of the infringement on his/her personal or property rights.

Public security organs, people's procuratorates or people's courts shall accept the report on a case or complaint or the information of a case, which, if not coming within their own jurisdiction, shall be referred to the competent organs for disposal, and the reporter of a case, complainant, informer shall be notified accordingly; and which, meriting emergent measures though not coming within their own jurisdiction, shall be handled with emergent measures before referred to the competent organs.

In case offenders present themselves before the public security organs, people's procuratorates or people's courts, the stipulations of the third paragraph shall apply.

Article 85 Reports on cases, complaints and information of cases may be filed in writing or orally. The person receiving an oral report, complaint or information shall make a written record of it, which after being read to the reporter, complainant or informer and free of error, shall be signed or sealed by the reporter, complainant or informer.

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

Public security organs, people's procuratorates or people's courts shall guarantee the safety of the reporter of a case, complainant, informer and their near relatives, and shall keep them confidential, if a case reporter, complainant or informer does not wish to make open to the public his/her name and the acts to make report, accuse and give information.

Article 86 A people's court, people's procuratorate or public security organ shall, within the scope of its jurisdiction, promptly examine the materials provided by a reporter, complainant or informer and the confession of an offender who has voluntarily surrendered. If it believes that there are facts of a crime and criminal responsibility should be investigated, it shall file a case. if it believes that there are no facts of a crime or that the facts are obviously incidental and do not require investigation of criminal responsibility, it shall not file a case and shall notify the complainant of the reason. If the complainant does not agree with the decision, he/she may ask for reconsideration.

Article 87 Where a people's procuratorate finds that a case which should be filed with a public security organ for investigation has not been filed for investigation, or it is submitted to a people's procuratorate by the victim that the case should be filed with a public security organ for investigation but has not been filed for investigation, the people's procuratorate shall request the public security organ to state the reason for not filing the case with it. The people's procuratorate, submitting that the reason for not filing the case by the public security organ is unsustainable, shall notify the public security organ to file the case and the public security organ shall file the case upon receiving the notice.

Article 88 The victim in private prosecution has the right to lodge the prosecution directly to a people's court. In case the victim has died or lost the capability to exercise his/her right, his/her legal representative and near relatives have the right to initiate the prosecution in the people's court which shall accept the case according to law.

Section 1 General Provisions

Article 89 A public security organ, having filed a criminal case, shall conduct investigations, collect or obtain by order evidence proving guilt or innocence of a criminal suspect or minor or serious crimes. An active criminal or major criminal suspect may be detained in advance according to law, and a criminal suspect in conformity with the conditions for arrest shall be arrested according to law.

Article 90 The public security organ, having conducted investigations into the case in which criminal facts have been proved by evidence, shall conduct preliminary examination to verify the evidence collected or obtained by order.

Section 2 Interrogation of the Criminal Suspect

Article 91 Interrogation of a criminal suspect must be conducted by the investigatory personnel of a people's procuratorate or public security organ. During an interrogation, there must be no fewer than two members of the investigatory personnel participating.

Article 92 A criminal suspect, who need not be arrested or detained, may be summoned to and interrogated at a designated place in a city or county the criminal suspect is located or interrogated at his residence, and at the interrogation the certificate issued by a people's procuratorate or public security organ shall be produced.

The interrogation made to a criminal suspect summoned or summoned by warrant shall not exceed a continuous period of 12 hours or the criminal suspect shall not be subject to a disguised detention by continuous summons or summons by warrant.

Article 93 When interrogating a criminal suspect, the investigatory personnel shall first ask the criminal suspect whether or not he/she has committed any criminal act, and let him/her state the circumstances of his/her guilt or explain his/her innocence; then they may ask him/her other questions. The criminal suspect shall answer the investigatory personnel's questions truthfully, but he/she shall have the right to refuse to answer any questions that are irrelevant to the case.

Article 94 During the interrogation of a criminal suspect who is deaf or mute, a person who has a good command of sign language shall participate, and such circumstances shall be noted in the record.

Article 95 The record of an interrogation shall be shown to the criminal suspect for checking; if the criminal suspect cannot read, the record shall be read to him/her. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. When the criminal suspect acknowledges that the record is free from error, he/she shall sign or affix his/her seal to it. The investigatory personnel shall also sign the record. If the criminal suspect requests to write a personal statement, he/she shall be permitted to do so. When necessary, the investigatory personnel may ask the criminal suspect to write a personal statement.

Article 96 A criminal suspect may, after the first interrogation by the investigatory organ or from the day of the compulsory measures to be taken, retain a lawyer to provide him/her with legal consultancy or act on his/her behalf to make petition or complaints. The lawyer retained by the arrested criminal suspect may apply for the suspect for bailing out for summons. In cases involving the state secrets, the retaining of a lawyer by the criminal suspect shall be approved by the investigatory organ.

The lawyer retained has the right to be informed by the investigatory organ of the crimes of the criminal suspect, and may meet the criminal suspect in custody and obtain from the suspect information on the case concerned. When the lawyer meets the criminal suspect in custody, the investigatory organ may have its personnel present at the meeting according to the circumstances of the case and necessity. In cases involving the state secrets, the meeting by the lawyer with the criminal suspect in custody shall be approved by the investigatory organ.

Section 3 Questioning of the Witnesses

Article 97 Investigatory personnel may question a witness at his/her unit or residence, but they must produce a certificate issued by a people's procuratorate or public security organ. When necessary, they may also notify the witness to give testimony at the people's procuratorate or public security organ.

Witnesses shall be questioned individually.

Article 98 When a witness is questioned, he/she shall be instructed to provide evidence and give testimony truthfully and shall be informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.

In case a witness under the age of 18 is inquired, the legal representative of the witness may be notified to be present on the scene.

Article 99 The provisions of Article 95 of this Law shall also apply to the questioning of witnesses.

Article 100 The provisions of all articles in this Section shall apply to the questioning of victims.

Section 4 Inquest and Examination

Article 101 Investigatory personnel shall conduct an inquest or examination of the sites, objects, people and corpses relevant to a crime. When necessary, experts may be assigned or invited to conduct an inquest or examination under the direction of the investigatory personnel.

Article 102 Each and every unit and individual shall have the duty to preserve the scene of a crime and to immediately notify a public security organ to send personnel to hold an inquest.

Article 103 Investigatory personnel, conducting an inquest or inspection, must carry with them a documentary certificate issued by a people's procuratorate or public security organ.

Article 104 If the cause of a death is unclear, a public security organ shall have the power to order an autopsy and shall notify the family members of the deceased to be present.

Article 105 An examination may be conducted of the person of the victim or criminal suspect in order to ascertain some of his/her characteristics or physiological condition, or the circumstances of the injury.

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

Examination of the person of women shall be conducted by female personnel or doctors.

Article 106 A record shall be made of the circumstances of an inquest or examination, and it shall be signed or sealed by the participants in the inquest or examination and the eyewitnesses.

Article 107 If, in reviewing a case, a people's procuratorate deems it necessary to repeat an inquest or examination that has been done by a public security organ, it may ask the latter to conduct another inquest or examination and may send procuratorial personnel to participate in it.

Article 108 When necessary and with the approval of the director of a public security bureau, investigative experiments may be conducted in order to clarify the circumstances of a case.

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

Section 5 Search

Article 109 In order to collect criminal evidence and track down an offender, investigatory personnel may search the person, belongings and residence of the criminal suspect and anyone who might be hiding a criminal or criminal evidence, as well as other relevant places.

Article 110 Any units and individuals have the duty to present, at the request of the people's procuratorate or public security organ, the material evidence, documentary evidence, video and audio materials which may prove the guilt or innocence of the criminal suspect.

Article 111 When a search is to be conducted, a search warrant must be shown to the person to be searched.

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

Article 112 During a search, the person to be searched or his/her family members, neighbors or other eyewitnesses shall be present at the scene.

Searches of the person of women shall be conducted by female personnel.

Article 113 A record shall be made of the circumstances of a search, and it shall be signed or sealed by the investigatory personnel and the person searched or his/her family members, neighbors or other eyewitnesses. If the person searched or his/her family members have become fugitives or refuse to sign or affix their seals to the record, this shall be noted in the record.

Section 6 Seizure of Material Evidence and Documentary Evidence

Article 114 Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect's guilt or innocence shall be seized. Objects and documents which are irrelevant to the case may not be seized.

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

Article 115 All seized articles and documents shall be carefully checked by the investigatory personnel jointly with the eyewitnesses and the holder of the articles; a detailed list shall be made in duplicate on the spot and shall be signed or sealed by the investigatory personnel, the eyewitnesses and the holder. One copy of the list shall be given to the holder, and the other copy shall be kept on a file for reference.

Article 116 If the investigatory personnel deem it necessary to seize the mails or telegrams of a criminal suspect, they may, upon approval of a public security organ or a people's procuratorate, notify the post and telecommunications offices to hand over the relevant mails and telegrams for seizure.

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

Article 117 The people's procuratorates and public security organs may, according to the requirement of investigating crimes, inquire about and freeze the cash deposits or remittances according to law.

The cash deposits and remittances of the criminal suspect which have already been frozen shall not be re-frozen.

Article 118 The articles, documents, mails, telegrams held in custody or the frozen cash deposits and remittances which have been found irrelevant to the case through investigation, shall within three days be released from seizure and unfrozen, and be returned to their original owners or post and telecommunications offices.

Section 7 Expert Evaluation

Article 119 When certain special problems relating to a case need to be solved in order to clarify the circumstances of the case, experts shall be assigned or invited to give their evaluation.

Article 120 After evaluating a matter, the expert shall write a conclusion of expert evaluation and affix his/her signature to it.

Re-evaluation necessitated by dispute over medical expertise pertaining to physical injury or medical expertise on mental illness shall be conducted by the hospital designated by the provincial-level people's government. The medical expert, having completed his examination, shall issue a conclusive expertise with his signature and the hospital's official stamp affixed to it.

An expert who intentionally issues a false expertise shall bear legal responsibility.

Article 121 The investigatory organ shall inform the criminal suspect and the victim of the conclusive expertise to be used as evidence. If the criminal suspect or the victim has made an application, supplementary or fresh expertise may be conducted.

Article 122 The time used for conducting a mental examination on the criminal suspect shall not be counted as part of the time limit for handling the case.

Section 8 Wanted Orders

Article 223 If a criminal suspect who should be arrested is a fugitive, a public security organ may issue a wanted order and take effective measures to pursue him/her for arrest and bring him/her to justice.

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

Section 9 Conclusion of Investigation

Article 124 The time limit for holding the criminal suspect in custody during investigation after the arrest of the suspect shall not exceed two months. If a case has not been concluded on the expiration of the time limit due to its complexity, an extension of one month may be allowed with the approval of the people's procuratorate at the next higher level.

Article 125 In the event a particularly grave and complicated case is inadvisable to submit to trial for a comparatively long time due to special reasons, the Supreme People's Procuratorate shall make a report to the Standing Committee of the National People's Congress, requesting for approval of an extension of time for examination of the case.

Article 126 If the cases specified hereunder have not gone through the investigation on the expiration of the time limit stipulated in Article 124 of this Law, an extension of two months may be allowed subject to the approval of or decision by the people's procuratorate of the province, autonomous region or municipality directly under the Central Government:

(1) Grave and complicated cases occurring in remote border areas with poor traffic facilities;

(2) Grave cases committed by criminal groups;

(3) Grave and complicated cases committed by runaway criminals; or

(4) Grave and complicated cases which cover a wide area and are difficult in collecting evidence.

Article 127 If cases in which the criminal suspects may possibly be sentenced to a punishment not less than ten-year imprisonment have not gone through the investigation on the expiration of the time limit stipulated in Article 126 of this Law, an extension of another two months may be allowed subject to the approval of or decision by the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.

Article 128 If it is found in the period of investigation that some other major crimes have been committed by the criminal suspect, the time limit for holding the criminal suspect in custody during investigation shall be counted anew in accordance with the stipulations of Article 124 of this Law from the day of the discoverIn case the criminal suspect does not tell his/her true name and address or his/her identity is unknown, the time limit for holding the criminal suspect in custody during investigation shall be counted from the day when his/her identity is confirmed, but investigation and collection of evidence for the criminal acts shall not be suspended. However, with clear criminal facts supported by conclusive and sufficient evidence, the criminal suspect may, in the name as told by himself/herself, be transferred to the people's procuratorate for examination and prosecution.

Article 129 When the investigation by the public security organ comes to a conclusion, the case shall be wound up with clear criminal facts supported by confirmed and sufficient evidence, and a statement of opinions on prosecution shall be prepared and submitted to the people's procuratorate at the same level along with the file documents and evidence for examination and decision.

Article 130 If it is discovered during an investigation that the criminal suspect should not have been investigated for criminal responsibility, the case shall be dismissed; if the criminal suspect is under arrest, he/she shall be released immediately and issued a release certificate, and the people's procuratorate which originally approved the arrest shall be notified.

Section 10 Investigation of Cases Directly Accepted by People's Procuratorates

Article 131 The stipulations of this Chapter apply to the investigation of cases directly accepted by the people's procuratorates.

Article 132 Of the cases directly accepted by the people's procuratorates, the criminal suspects to be arrested or detained in cases conforming to the stipulations of Article 60 and Items (4) and (5) in Article 61 of this Law shall be decided by the people's procuratorate and executed by the public security organs.

Article 133 The person who has been detained in a case directly accepted by the people's procuratorate shall be interrogated within 24 hours after detention, and, upon finding that the person should not have been detained, must be promptly released with a release certificate issued to the person. In case of need of an arrest but short of sufficient evidence, bailing out for summons or residing under surveillance may be allowed.

Article 134 Where it is necessary to the people's procuratorate that the person who has been detained in a case directly accepted by the people's procuratorate be arrested, a decision shall be made within 10 days; in special circumstances, the time limit for the decision-making may be extended by one to four days. If arrest is not necessary, the person shall promptly be released. If further investigation is necessary, bailing out for summons or residing under surveillance, if the required conditions are satisfied, may be allowed.

Article 135 At the conclusion of the investigation of a case conducted by the people's procuratorate, a decision shall be made that public prosecution is initiated, or that no prosecution is initiated or that the case is dismissed.

>Chapter III Initiation of Public Prosecution

Article 136 All cases requiring initiation of public prosecution shall be examined and decided by the people's procuratorates.

Article 137 In examining a case, a people's procuratorate shall ascertain:

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

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

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

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

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

Article 138 A people's procuratorate shall make a decision within one month on a case submitted by a public security organ for initiating public prosecution; an extension of a half month may be allowed for major or complex cases.

Where there is a change in the jurisdiction of a case that is undertaken by people's procuratorates for examination and prosecution, the time limit for examination and prosecution shall be counted from the day of receiving the case by the latter people's procuratorate.

Article 139 A people's procuratorate shall, when examining a case, interrogate the criminal suspect and hear the opinions given by the victim and the persons entrusted respectively by the criminal suspect and the victim.

Article 140 A people's procuratorate, when examining a case, may request the public security organ to furnish evidence necessary for trial in court.

The people's procuratorate examining a case may, if finding that supplementary investigation is necessary, remand the case to the public security organ for supplementary investigation, or may conduct by itself the investigation.

In case where supplementary investigation is to be conducted, such investigation shall be completed within a month. Supplementary investigation is limited to no more than two times. After the case is transferred to the people's procuratorate following the completion of the supplementary investigation, the people's procuratorate shall count anew the time limit for examination and prosecution.

The people's procuratorate may decide not to initiate the prosecution if it holds the opinion that evidence is still not sufficient even after the supplementary investigations and the conditions required for prosecution are not satisfied.

Article 141 When a people's procuratorate considers that the facts of a criminal suspect's crime have been ascertained, that the evidence is reliable and sufficient and that criminal responsibility should be investigated according to law, it shall make a decision to initiate prosecution and shall, in accordance with the provisions for trial jurisdiction, initiate a public prosecution in a people's court.

Article 142 If the criminal suspect is subjected to any one of the instances specified in Article 15 of this Law, the people's procuratorate shall make a decision not to prosecute.

In case of minor offense for which no criminal punishment is to be imposed or for which exemption from criminal punishment may be granted in accordance with the stipulations of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

In the case where the people's procuratorate decides not to prosecute, the property held in custody or frozen during investigation shall be simultaneously released from the custody or unfrozen. If administrative punishment or disciplinary sanctions need be inflicted on the person who is not to be prosecuted or his/her illegal earnings need be confiscated, the people's procuratorate shall give its procuratorial opinions which shall be delivered to the competent organization concerned for further action. The competent organization concerned shall duly inform the people's procuratorate of the final upshot of the case.

Article 143 The decision on not-to-prosecute shall be announced in public and the statement of the decision on not-to-prosecute shall be delivered to the person who is not to be prosecuted and his/her unit. If the person who is not to be prosecuted is in custody, he/she shall be promptly released.

Article 144 The people's procuratorate that decides not to initiate prosecution on a case submitted by a public security organ for prosecution, shall deliver the statement of the decision on not-to-prosecute to the public security organ. The public security organ which considers the decision on not-to-prosecute an erroneous one, may request for reconsideration, and if its opinion is not accepted, the case may be submitted to the people's procuratorate at the next higher level for review.

Article 145 If a decision on not-to-prosecute is made upon a case involving a victim, the people's procuratorate shall deliver the statement of the decision to the victim. The victim who refuses to accept the decision may, within seven days from the day of receiving the decision, lodge his/her petition with the people's procuratorate at the next higher level, requesting for public prosecution. The people's procuratorate shall inform the victim of the decision on review. If the people's procuratorate affirms the decision on not-to-prosecute, the victim may institute a lawsuit in the people's court. The victim may also start directly a lawsuit in the people's court, without making petition. After the people's court accepts the case, the people's procuratorate shall transfer the file of the case to the people's court.

Article 146 If a person who is not to be prosecuted refuses to accept the not-to-prosecute decision made by the people's procuratorate in accordance with the stipulations of the second paragraph of Article 142 of this Law, he/she may present a petition to the people's procuratorate within seven days from the day of receiving the decision. The people's procuratorate shall make a decision on re-examination and notify the person who is not to be prosecuted, with a copy of the decision to the public security organ.

Part III Trial

>Chapter I Trial Organizations

Article 147 Trial of cases of first instance in the basic and intermediate people's courts shall be conducted by a collegial panel composed of three members including either three judges or judges and people's assessors in total, but trial of cases in the basic people's courts applying the summary procedure may be conducted by a single judge alone.

Trial of cases of first instance in higher people's courts or the Supreme People's Court shall be conducted by a collegial panel composed of seven members including either three to seven judges or three to seven judges and people's assessors in total.

When performing their functions in the people's courts, the people's assessors shall enjoy equal rights with the judges.

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

The number of the collegial panel members shall be odd numbers.

The president of the people's court or the chief judge of a division shall designate one judge to be the presiding judge of the collegial panel. If the president of the court or the chief judge of a division participates in a trial, he/she himself/herself shall serve as the presiding judge.

Article 148 If differing opinions occur in the deliberation conducted by the collegial panel, a decision shall be made in accordance with the opinion of the majority members, but the opinion of the minority shall be entered in the minutes. The written minutes of the deliberation shall be signed by the members of the collegial panel.

Article 149 The collegial panel, following the court hearing and deliberation, shall make a judgment. When the collegial panel considers it difficult to make a judgment on a difficult, complicated or grave case, it may submit the case to the president of the court for a decision whether the case is submitted to the judicial committee for discussion and decision. The collegial panel shall execute the decision made by the judicial committee.

>Chapter II Procedure of First Instance

Section 1 Cases of Public Prosecution

Article 150 The people's court, having examined the case submitted for public prosecution in which the criminal facts are clearly stated in the bill of prosecution and supported by list of evidence, list of witnesses and the photostat copies or photos of the significant evidence, shall decide to open the court session for trial of the case.

Article 151 After a people's court has decided to open a court session, it shall proceed with the following work:

(1) To determine the members of the collegial panel;

(2) To deliver to the accused a copy of the bill of prosecution of the people's procuratorate no later than 10 days prior to the opening of the court session, and if the accuse has not retained defenders, inform him/her that he/she may retain defenders, or when necessary, designate a lawyer duty-bound to provide legal assistance to defend him/her;

(3) To notify the people's procuratorate of the time and place of the court session three days before the opening of the session;

(4) To summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters, and deliver the summons and notices no later than three days before the opening of the court session; and

(5) To announce three days before the opening of the court session the subject issues at trial, the name of the accused, time and location of the court session for cases to be heard in public.

Article 152 The trial of cases of first instance in the people's court shall be open to the public. However, cases involving state secrets or personal privacy shall not be heard in public.

No cases involving crimes committed by minors who have reached the age of 14 but not the age of 16 shall be heard in public. Generally, cases involving crimes committed by minors who have reached the age of 16 but not the age of 18 shall neither be heard in public.

The reason for not hearing a case in public shall be announced in court.

Article 153 In the trial of a case of public prosecution by the people's court, the people's procuratorate shall send its personnel to the court in support of the public prosecution, and the people's procuratorate need not send personnel to the court where the summary procedure applies under Article 175 of this Law.

Article 154 When a court session opens, the presiding judge shall ascertain whether all the parties have appeared in court and announce the subject matter of the case. He/she shall announce the roll, naming the members of the collegial panel, the court clerk, the public prosecutor, the defender, the agent ad litem, the expert witnesses and the interpreter; he/she shall inform the parties of their right to ask any member of the collegial panel, the court clerk, the public prosecutor, any expert witness or the interpreter to withdraw; and he/she shall inform the accused of his/her right to defense.

Article 155 After the public prosecutor has read out the bill of prosecution in court, the accused and the victim may make statements on the crimes alleged in the bill of prosecution, and the public prosecutor may question the accused.

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

The judicial personnel may put questions to the accused.

Article 156 When witnesses testify, the judicial personnel shall instruct the witnesses to give testimony truthfully and advise them of the legal responsibility which may be caused to them by giving intentionally false testimony or concealing criminal evidence. The public prosecutor, parties, defenders and agents ad litem may, with the permission of the presiding judge, question the witnesses and expert witnesses. The presiding judge, when considering any questioning irrelevant to the case, shall put a stop to it.

The judicial personnel may question the witnesses and expert witnesses.

Article 157 The public prosecutor and defender shall show to the court material evidence for the parties to identify. The written records of testimony of the witnesses who are not present in court, the conclusions of the expert witnesses, the written records of inquest and other documents serving as evidence shall be read out in court. The judicial personnel shall hear the opinions of the public prosecutor, the parties, the defender and agents ad litem.

Article 158 The collegial panel, if finding any evidence questionable during the court hearing, may declare adjournment, and conduct investigation to testify the evidence.

The people's court, when investigating and verifying the evidence, may conduct inquest and inspection, effect distraint, make expert evaluation and inquiry, and freeze.

Article 159 During a court hearing, the parties, defenders and agents ad litem shall have the right to request new witnesses to be summoned, new material evidence to be collected, a new expert evaluation to be made, and another inquest to be held.

The court shall make a decision whether to grant the abovementioned requests.

Article 160 The public prosecutor, the parties, the defender and agents ad litem may, with the permission of the presiding judge, make statements on the evidence and circumstances of the case, and may debate among them. After the presiding judge announces the conclusion of debates, the accused has the right to make a final statement.

Article 161 If any participant to the litigation or visiting audience violates the order of the court in the process of the trial, the presiding judge shall warn him/her to desist, and those who refuse the warning shall be forced out of the courtroom and, if the circumstances are serious, shall be imposed on a fine not exceeding RMB 1,000 Yuan or shall be detained for a period of not exceeding 15 days. The fine and detention must be approved by the president of the people's court. If the punished person refuses to accept the penalty or detention, he/she may lodge a petition with the people's court at the next higher level for reconsideration. The punishment shall not be suspended during the time of reconsideration.

Those who gather a crowd to make trouble, force into the courtroom, or humiliate, slander, threaten or beat the judicial staff members or the participants to the litigation, thereby seriously disturbing the order of the court, shall be according to law investigated into their criminal responsibility if such an act constitutes a crime.

Article 162 The presiding judge shall, after the accused makes his/her final statement, announce the adjournment, and the collegial panel shall proceed with the deliberations and, in accordance with the ascertained facts and evidence, shall render the following judgments respectively in accordance with relevant stipulations of the law:

(1) A guilty judgment, if the accused is held guilty according to law in a case with clear facts and confirmed and sufficient evidence;

(2) An innocent judgment, if the accused is held innocent according to law; or

(3) An innocent judgment due to insufficient evidence and failure of establishment of the alleged crime, if the accused can not be held guilty for the crime on account of insufficient evidence.

Article 163 In all cases, judgments shall be pronounced publicly.

If the judgment on a case is pronounced in court, a written judgment shall be delivered within five days to the parties and the people's procuratorate that initiated the public prosecution. In cases where the judgment is pronounced later on a fixed date, the written judgment shall be delivered immediately after the pronouncement to the parties and the people's procuratorate that initiated the public prosecution.

Article 164 The written judgment shall be signed by the members of the collegial panel and by the court clerk, and the time limit for appeal and the name of the appellate court shall be clearly indicated therein.

Article 165 A hearing may be postponed if during a trial one of the following circumstances affecting the conduct of a trial occurs:

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

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

(3) If the trial cannot proceed because a party applies for the withdrawal of a judicial functionary.

Article 166 Where a hearing is postponed according to the stipulations of Item (2) in Article 165 of this Law, the people's procuratorate shall complete the supplementary investigation within one month.

Article 167 The court clerk shall make a written record of the entire court proceedings, which shall be examined by the presiding judge and then signed by him/her and the court clerk.

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

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

Article 168 The people's court shall pronounce the judgment on a case of public prosecution within one month or no later than one and a half months after accepting it for trial. Subject to one of the instances specified in Article 126 of this Law, an extension of another month may be allowed subject to the approval by the higher people's court of the province, autonomous region or municipality directly under the Central Government.

In case there is a change in the jurisdiction of the people's court, the time limit for trial of the case shall be counted from the day of accepting the case by the latter people's court.

In case of supplementary investigation by the people's procuratorate, after the case is transferred to the people's court following the completion of such investigation, the people's court shall count anew the time limit for the trial of the case.

Article 169 The people's procuratorate that discovers any violation of the litigation procedure stipulated by law in the trial of the case by the people's court, has the right to raise opinions on correction to the people's court.

Section 2 Cases of Private Prosecution

Article 170 Private prosecution includes the following cases:

(1) Cases to be handled only upon complaints;

(2) Cases involving minor crimes evidenced by the victim; and

(3) Cases where the victim has evidence to prove that the act done by the accused has infringed upon the personal and property rights of the victim and that it shall be investigated for criminal responsibility according to law by the public security organ or the people's procuratorate but has not been investigated for criminal responsibility.

Article 171 The people's court after examining a case of private prosecution, shall proceed with it according to the respective circumstance specified hereunder:

(1) Try the case at a court session if the criminal facts are clear and supported by sufficient evidence; or

(2) Persuade the private prosecutor to withdraw the prosecution, or dismiss the case by an order, if the case of private prosecution lacks in criminal evidence and the private prosecutor has failed to furnish supplementary evidence.

The failure of the private prosecutor to appear in court without justifiable reason after being summoned twice according to law or his/her withdrawal during the court session without the permission of the court shall be treated as the withdrawal of the prosecution.

Where the judicial personnel find during the court session any evidence questionable which requires investigation and verification, the stipulations of Article 158 of this Law shall apply.

Article 172 The people's court may conduct mediation in a case of private prosecution; the private prosecutor may conclude a settlement with the accused or withdraw the private prosecution before a judgment is pronounced. However, mediation shall not apply to the cases specified under Item (3) of Article 170 of this Law.

Article 173 In the process of the proceedings, the accused in a case of private prosecution may raise a counterclaim against the private prosecutor. The provisions governing private prosecutions shall apply to counterclaims.

Section 3 Summary Procedure

Article 174 The people's courts may apply summary procedure to the cases specified hereunder to be tried by one judge alone:

(1) Cases of public prosecution in which facts are clear and evidence is sufficient and the sentence, according to law, may be a fixed-term imprisonment not more than three years, criminal detention, surveillance or a fine alone, and to which the people's procuratorate recommends or agrees to the application of summary procedure;

(2) Cases to be handled only upon complaint; or

(3) Minor criminal cases initiated by the victim and proved by evidence.

Article 175 Where summary procedure applies to the trial of a public prosecution case, the people's procuratorate need not send its personnel to the court session. The accused may make statements on or defend himself/herself against the crime alleged in the bill of prosecution. In case the people's procuratorate sends its personnel to the court session, the accused and his/her defender may, with the permission of the judicial personnel, conduct debates with the public prosecutor.

Article 176 In case summary procedure applies to the trial of a private prosecution case, the accused and his/her defender may, after the reading out of the bill of prosecution and with the permission of the judicial personnel, debate with the private prosecutor and his/her agent ad litem.

Article 177 Cases to which summary procedure applies shall not be restricted by the stipulations of Section 1 of this Chapter pertaining to the procedure for interrogating the accused, questioning the witnesses and expert witnesses, producing evidence and debate in the court. However, the final statement made by the accused shall be heard before the judgment is pronounced.

Article 178 Where the summary procedure applies to a case, the people's court shall wind up the case within 20 days from the day of accepting it.

Article 179 If the people's court finds in the process of trial that it is not proper to apply summary procedure, the trial shall begin anew in accordance with the stipulations of Section 1 or Section 2 of this Chapter.

>Chapter III Procedure of Second Instance

Article 180 The accused, private prosecutor and their legal representatives who refuse to accept the judgment or order of a local people's court of first instance at any level, have the right to appeal in writing or orally to the people's court at the next higher level. The defenders and the near relatives of the accused may, with the consent of the accused, lodge an appeal.

A party to an incidental civil action or his/her legal representative may file an appeal against the portion of a judgment or order of first instance of the local people's courts that deals with the incidental civil action.

The accused shall not be deprived on any pretext of his/her right to appeal.

Article 181 If a local people's procuratorate considers that there is some definite error in a judgment or order of first instance of a people's court at the same level, it shall present a protest to the people's court at the next higher level.

Article 182 The victim and his/her legal representative who refuse to accept the judgment of a local people's court of first instance at any level, have the right to request, within five days from the day of receiving the judgment, the people's procuratorate to file a protest. The people's procuratorate shall, within five days from the day of receiving the petition of the victim or his/her legal representative, make a decision whether a protest be filed, and reply to the petitioner accordingly.

Article 183 The time limit for an appeal or a protest against a judgment shall be 10 days and the time limit for an appeal or a protest against an order shall be five days; the time limit shall be counted from the day after the written judgment or order is received.

Article 184 If the accused, the private prosecutor or the plaintiff or defendant in an incidental civil action files an appeal through the people's court which originally tried the case, the people's court shall within three days transfer the petition of appeal together with the case file and the evidence to the people's court at the next higher level; at the same time it shall deliver duplicates of the petition of appeal to the people's procuratorate at the same level and to the other parties.

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

Article 185 If a local people's procuratorate at any level protests against a judgment or order of first instance of the people's court at the same level, it shall present a written protest through the people's court which originally tried the case and send a copy of the written protest to the people's procuratorate at the next higher level. The people's court which originally tried the case shall transfer the written protest together with the case file and evidence to the people's court at the next higher level and shall deliver duplicates of the written protest to the parties.

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

Article 186 A people's court of second instance shall conduct a complete review of the facts determined and the application of law in the judgment of first instance and shall not be limited by the scope of appeal or protest.

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

Article 187 The people's court of second instance shall form a collegial panel to hear the appellant case in court session. The collegial panel need not hear the case in court session if it finds that facts are clear after examining the case file, interrogating the accused and hearing the opinions of other parties, defender and agent ad litem. However, in case of a protest submitted by the people's procuratorate, the people's court of second instance shall hear it in court session.

The people's court of second instance may hold the hearing in court session of the appellant or protest case in the place where the case has occurred or the place of the people's court originally hearing the case.

Article 188 In case either a protest has been filed by the people's procuratorate or a public prosecution case is heard in court session by the people's court of second instance, the people's procuratorate at the same level shall send its personnel to the court session. The people's court of second instance must notify the people's procuratorate to read and examine the file 10 days before the opening of the court session.

Article 189 After hearing a case of appeal or protest against a judgment of first instance, the people's court of second instance shall handle it according to the conditions set forth below:

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

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

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

Article 190 In the trial of a case appealed by the accused or his/her legal representative, defender or near relative, the people's court of second instance may not increase the criminal punishment on the accused.

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

Article 191 The people's court of second instance which discovers any violation of the litigation procedure by the people's court of first instance as specified hereunder, shall by a decision rescind the original judgment and remand the case to the people's court which originally tried it for retrial:

(1) Violation of the stipulations of this Law on trial in public;

(2) Violation of the withdrawal system;

(3) Deprivation of or restriction on the litigation rights of the parties which may affect fair and just trial;

(4) Formation of the trial organization does not conform with the law; or

(5) Any other violations of the stipulations on litigation procedure which may affect fair and just trial.

Article 192 The people's court which originally tried a case shall form a new collegial panel for conducting retrial of the case remanded to it in accordance with the procedure of first instance. The judgment rendered after the retrial may be appealed or protested in accordance with stipulations of Articles 180, 181 and 182 of this Law.

Article 193 After a people's court of second instance has reviewed an appeal or protest against an order of first instance, it shall order rejection of the appeal or protest or quash or revise the original order respectively with reference to the provisions of Articles 189, 191 and 192 of this Law.

Article 194 Where a case is remanded by the people's court of second instance to the people's court which originally tried it for retrial, the people's court which originally tried the case shall count anew the time limit for trial from the day of receiving the remanded case.

Article 195 A people's court of second instance shall try cases of appeal or protest with reference to the procedure of first instance unless otherwise stipulated in this Chapter.

Article 196 The people's court of second instance shall conclude the trial of an appellant or protested case within one month or no later than one and a half months. An extension of another month is allowed, subject to one of the instances specified in Article 126 of this Law and to the approval of or decision by the higher people's court of the province, autonomous region or municipality directly under the Central Government; the Supreme People's Court, however, shall make a decision on the time limit for trial of an appellant or protested case accepted by the Supreme People's Court.

Article 197 All judgments and orders of second instance and all judgments and orders of the Supreme People's Court shall be final.

Article 198 The public security organ, people's procuratorate and people's court shall exercise due care to keep the property and accrued interest of the criminal suspect or the accused held in custody or frozen for examination and verification. Any units or individuals shall not be allowed to use them for other purpose or dispose them on their own authority. The lawful property of the victim shall be promptly returned. The contraband articles and those which can not be preserved for long shall be disposed of according to the relevant provisions of the state.

The material objects to be used as evidence shall be transferred together with the case. Where the material objects are not suitable for the transfer, the list, photos, or other documentary evidence thereof, shall be sent along with the case.

After the judgment rendered by the people's court enters into effect, all illegal money and property together with the accrued interest, except those to be returned to the victim, shall be confiscated and handed over to the state treasury.

The judicial staff members who have embezzled, used for other purposes, or privately disposed the illegal money or property or the accrued interest held in custody or frozen, shall be investigated for criminal responsibility, or disciplinary sanctions shall be inflicted if such an act does not constitute a crime.

>Chapter IV Procedure for Review of Death Sentences

Article 199 Death sentences shall be approved by the Supreme People's Court.

Article 200 A case of first instance where an intermediate people's court has imposed a death sentence and the accused does not appeal shall be reviewed by a higher people's court and reported to the Supreme People's Court for approval. If the higher people's court does not agree with the death sentence, it may bring the case up for trial or remand the case for retrial.

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

Article 201 A Case where an intermediate people's court has imposed a death sentence with a two-year suspension of execution, shall be approved by a higher people's court.

Article 202 Reviews by the Supreme People's Court of cases involving death sentences and reviews by a higher people's court of cases involving death sentences with a suspension of execution shall be conducted by collegial panels composed of three judges.

>Chapter V Procedure for Trial Supervision

Article 203 The parties and their legal representatives and near relatives may present a petition to the people's court or people's procuratorate regarding a legally effective judgment or order, but the execution of the judgment or order shall not be suspended.

Article 204 The people's court shall conduct a retrial if the petition submitted by the parties or their legal representatives or near relatives meets one of the instances specified hereunder:

(1) Error of the facts confirmed in the original judgment or order which are proved by new evidence;

(2) The evidence on which judgment of guilt and measurement of punishment have relied are not reliable and sufficient, or the principal evidence of the facts of the case contradicts each other;

(3) Error in the application of law in the original judgment or order; or

(4) Any judicial personnel when examining the case committed such acts as embezzlement, acceptance of bribery, seeking personal interest by malpractice, intentional deviation from law for giving an evil judgment.

Article 205 If the president of a people's court at any level finds some definite error in a legally effective judgment or order of his/her court as to the determination of facts or application of law, he/she shall refer the matter to the judicial committee for handling.

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

If any definite error is found by the Supreme People's Procuratorate in a legally effective judgment or order of a people's court at any level, or by the people's procuratorate at a higher level in a legally effective judgment or order of a people's court at a lower level, the said procuratorate shall have the right to present a protest to the people's court at the same level in accordance with procedure for trial supervision.

The people's court which accepted the case protested by the people's procuratorate shall form a collegial panel to try the case or, if the facts are not clear or evidence is not sufficient in the original judgment, may instruct the people's court at the lower level to conduct a retrial.

Article 206 A new collegial panel shall be formed for the retrial of a case by a people's court in accordance with the procedure for trial supervision. If the case was originally one of first instance, it shall be tried in accordance with the procedure of first instance and the new judgment or order may be appealed or protested. If the case was originally one of second instance or was brought up for trial by a people's court at a higher level, it shall be tried in accordance with the procedure of second instance and the judgment or order rendered shall be final.

Article 207 The people's court re-trying a case in accordance with the procedure for trial supervision, shall conclude the trial of the case within three months from the day of the decision on bringing up the case for trial or retrial, and the time limit, in case of a need of extension, shall not exceed six months.

Where a people's court accepts a case protested and conducts the trial of the case in accordance with the procedure for trial supervision, the stipulations of the preceding paragraph shall apply to the time limit for the trial; where it is necessary to instruct the people's court at a lower level to conduct a retrial, a decision shall be made within one month from the day of accepting the protest, and the stipulations of the preceding paragraph shall apply to the time limit for the trial by the people's court at a lower level.

Part IV Execution

Article 208 Judgments and orders shall be executed after they become legally effective.

The following judgments and orders are legally effective:

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

(2) judgments and orders of final instance; and

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

Article 209 If the accused in custody is given the verdict of being not guilty or exempted from criminal punishment by a people's court of first instance, he/she shall be released immediately after the judgment is pronounced.

Article 210 When a judgment of the death penalty with immediate execution is pronounced or approved by the Supreme People's Court, the President of the Supreme People's Court shall sign and issue an order to execute the death sentence.

If a criminal sentenced to death with a two-year suspension of execution has not intentionally committed any crime during the period of suspension of the sentence, his/her punishment shall therefore be mitigated on expiration of the suspension period of the death sentence, and the executing organ shall submit a written recommendation to the higher people's court for an order; if a crime committed intentionally is verified through investigation, his/her death sentence shall therefore be executed, and the higher people's court shall submit it to the Supreme People's Court for approval.

Article 211 After receiving an order from the Supreme People's Court to execute a death sentence, the people's court at a lower level shall cause the sentence to be executed within seven days. However, under either of the following conditions the people's court at a lower level shall suspend execution and immediately submit a report to the Supreme People's Court for an order:

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

(2) If the criminal has exposed important criminal facts before the execution of the sentence or has rendered other important meritorious service which may cause a change in the judgment; or

(3) If the criminal is pregnant.

After the reasons in Items (1) and (2) of the preceding paragraph causing the suspension of the execution have disappeared, the sentence can be executed only after a report is submitted to, and another order to execute the death sentence is signed and issued by the President of the Supreme People's Court. In case the execution is suspended for the reason in Item (3) of the preceding paragraph, the matter shall be reported to the Supreme People's Court, requesting it to revise the sentence according to law.

Article 212 Before a people's court causes a death sentence to be executed, it shall notify the people's procuratorate at the same level to send an official to supervise the execution.

The death penalty shall be executed by means of shooting or injection.

The death penalty may be executed at the execution ground or in the designated place for detention.

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

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

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

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

Article 213 When a criminal is delivered for the execution of the sentence, the people's court entrusting the execution shall deliver the legal documents to the prison or other executing organ.

In case criminals are sentenced to death penalty with a two-year suspension of execution, life imprisonment or fixed-term imprisonment, the public security organ shall according to law deliver the criminals to the prison for execution of the penalty. In case the criminals are sentenced to fixed-term imprisonment and the remaining prison term is no more than one year prior to the delivery for execution, the execution shall be effected by the detention house. In case criminals are sentenced to criminal detention, the execution shall be effected by the public security organ.

In case the criminals are minors, the execution of the penalty shall be effected by the education-under-surveillance house for minors.

The executing organs shall timely take the criminals into their custody and notify the criminals' families.

The criminals who are sentenced to fixed-term imprisonment, criminal detention shall, on completion of serving the sentence, be issued a release certificate by the executing organ.

Article 214 The criminals who are sentenced to fixed-term imprisonment or criminal detention, may be permitted to temporarily serve his term outside prison, subject to one of the following instances:

(1) If the criminal is seriously ill and needs to be released on bail for medical treatment; or

(2) If the criminal is a pregnant woman or a woman breast-feeding her own baby.

The criminals shall not be released on bail for medical treatment, if the release on bail for medical treatment, when effected, may cause danger to the society, or if the criminal has injured or disabled himself.

Where a criminal assuredly has serious illness and must be released on bail for medical treatment, a documentary evidence shall be issued by a hospital designated by a provincial-level people's government, and such release shall be submitted for examination and approval in pursuance of the procedures stipulated by law.

If the criminal who has been released on bail for medical treatment is found not in conformity with, or in serious violation of the stipulations on, the conditions required for being released on bail for medical treatment, he/she shall be timely put in prison.

Where a criminal who is sentenced to fixed-term imprisonment or criminal detention is unable to take care of himself/herself in daily life and his/her serving his/her term outside is not likely to harm the society, he/she may be temporarily allowed to serve his/her term outside prison.

That a criminal serves his/her term outside the prison shall be effected by the public security organ in the place of his/her residence; the executing organ shall exercise strict surveillance and supervision on him/her, while the grass-roots organization and the criminal's original unit shall assist in the conduct of supervision.

Article 215 The organs approving the temporary execution of the service outside prison shall deliver a copy of the decision of approval to the people's procuratorate. The people's procuratorate which does not consider the temporary execution of the service outside prison as appropriate shall, within one month from the day of receiving the notice, deliver its written opinions to the organ approving the temporary execution of the service outside prison. The organ approving the temporary execution of the service outside prison shall, upon receiving the written opinions, promptly conduct a review of the decision.

Article 216 After the circumstance causing the temporary execution outside prison terminates, the criminal who has not completed the term of imprisonment, shall be put in prison in time.

If the criminal died during the period of the execution of service outside prison, the matter shall be timely notified to the prison.

Article 217 A criminal who has been sentenced to imprisonment with a suspension of execution shall be delivered by the public security organ to his/her unit or a grass-roots organization for observation.

A criminal released on parole shall be supervised by a public security organ during the probation period for parole.

Article 218 Sentences of public surveillance or deprivation of political rights that have been imposed on criminals shall be executed by the public security organs. When such a sentence has been completed, the executing organ shall notify the criminal himself/herself and publicly announce to the masses concerned the ending of public surveillance or the restoration of political rights.

Article 219 If a criminal sentenced to a fine fails to pay the fine within the time limit, the people's court shall compel him/her to pay. If he/she has real difficulties in paying because he/she has suffered an unavoidable disaster, an order may be made to reduce the fine or exempt him/her from payment.

Article 220 All sentences of confiscation of property, whether imposed as a supplementary punishment or independently, shall be executed by the people's courts; when necessary, the people's courts may execute such judgments jointly with the public security organs.

Article 221 If a criminal commits a new crime while serving his/her sentence, or if a criminal act is discovered that was not known at the time of judgment, the executing organ shall transfer the case to the people's procuratorate for handling.

If a criminal sentenced to public surveillance, criminal detention, fix-term imprisonment or life imprisonment shows true repentance or renders meritorious service while serving his/her sentence and should be granted a commutation of sentence or be released on parole according to law, the executing organ shall submit a written recommendation to the people's court for examination and an order.

Article 222 The people's procuratorate which considers the order of the people's court on commutation of the sentence or on release on parole as inappropriate, shall, within 20 days from the day of receiving a copy of the order, submit to the people's court its written opinions on correction. The people's court shall, within one month from the day of receiving the opinions on correction, reform a collegial panel for trial and make a final order.

Article 223 The prison or other executing organ which, in the execution of a punishment, believes that there is an error in the judgment, or if the criminal makes a petition, shall refer the matter to the people's procuratorate or the people's court originally rendering the judgment for handling.

Article 224 The people's procuratorates shall exercise supervision over the activities conducted by the executing organs to execute the criminal punishments in order to see that they are in conformity with the law. If anything is found illegal, the executing organ concerned shall be notified to make correction.

Article 225 The security departments of the Army exercise the right to investigate the criminal cases occurring in the army units.

The crimes committed in jail by the criminals shall be investigated by the prisons.

The relevant stipulations of this Law shall apply to the criminal cases handled by the security departments of the Army and by the prisons.

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