Full text of the amendment to the Criminal Procedure Law

Full text of the amendment to the Criminal Procedure Law

The Fifth session of the 11th National People's Congress decided to make the following amendments to the Criminal Procedure Law of the People's Republic of China:

Modify the terms:

Article 2 is amended to read: "Tasks of the Criminal Procedure Law of the People's Republic of China，It is to ensure accurate and timely investigation of criminal facts，Proper application of law，Punish criminals，Protect innocent people from criminal prosecution，Educate citizens to consciously abide by the law，Actively combat crime，Safeguard the socialist legal system，Respect and protect human rights，Protect citizens' personal rights, property rights, democratic rights and other rights，Ensure the smooth progress of the cause of socialist construction。”

Article 14, paragraph 1, is amended to read: "The people's courts, people's procuratorates and public security organs shall protect the right to defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in proceedings according to law.。”

Delete two paragraphs。

Article 20 is amended to read: "The Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance:

"(1) cases of endangering state security or terrorist activities;

"(2) Cases in which a sentence of life imprisonment or death may be imposed。”

Article 31 is amended to read: "The provisions of this Chapter on recusal shall apply to clerks, translators and expert witnesses.。

"A defender or agent AD litem may request withdrawal or apply for reconsideration in accordance with the provisions of this Chapter。”

Article 33 is amended to read: "A criminal suspect has the right to entrust a defender from the date of his first interrogation or the adoption of compulsory measures by the investigating organ;During the investigation, only a lawyer may be appointed as a defender。The accused has the right to appoint counsel at any time。

"When interrogating a criminal suspect for the first time or taking compulsory measures against a criminal suspect, the investigation organ shall inform the criminal suspect of his right to appoint a defender。The people's procuratorate shall, within three days from the date of receiving the materials of the case transferred for examination and prosecution, inform the criminal suspect of his right to appoint a defender。Within three days from the date of accepting a case, the people's court shall inform the defendant of his right to appoint a defender。Where a criminal suspect or defendant requests to appoint a defender while in custody, the people's court, the people's procuratorate and the public security organ shall convey the request in a timely manner。

"If a criminal suspect or defendant is in custody, his guardian or close relatives may also appoint a defender on his behalf.。

"After accepting the entrustment of the criminal suspect or defendant, the defender shall promptly inform the organ handling the case.。”

Article 34 is amended as follows: "If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or her close relatives may apply to a legal aid institution.。For those eligible for legal aid, the legal aid institution shall appoint a lawyer to defend them。

"If a criminal suspect or defendant is blind, deaf or mute, or a mentally ill person who has not yet completely lost the ability to recognize or control his or her own behavior, and has not appointed a defender, the people's court, the people's Procuratorate and the public security organ shall notify the legal aid agency to appoint a lawyer to provide defense for him or her.。

"If a criminal suspect or defendant may be sentenced to life imprisonment or death, and no defender is appointed, the people's court, the people's procuratorate and the public security organ shall notify the legal aid agency to appoint a lawyer to provide defense for him.。”

Article 35 is amended as follows: "The duty of the defender is to propose materials and opinions that the criminal suspect or defendant is innocent, the crime is minor, or the crime is mitigated or exempted from criminal responsibility, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant in accordance with the facts and law.。”

8. Add one article as Article 36: "Defense lawyers may provide legal assistance to criminal suspects during investigation;Acting for complaints and charges;Apply for changing the compulsory measures;To understand the charges of the criminal suspect and the relevant circumstances of the case to the investigation organ, and put forward opinions。”

Article 36 shall be changed to Article 2 and amended as articles 37 and 38 as follows:

"Article 37 Defense lawyers may meet and correspond with criminal suspects and defendants in custody。With the permission of the people's court or the people's procuratorate, other defenders may also meet and correspond with criminal suspects or defendants in custody。

"Where a defense lawyer holds a lawyer's practice certificate, a law firm certificate, a power of attorney or an official letter of legal aid requesting a meeting with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in a timely manner, and it shall not exceed 48 hours at the latest.。

"In cases of crimes endangering state security, terrorist activities, and especially major bribery crimes, defense lawyers meeting criminal suspects in custody during the investigation shall obtain permission from the investigation organ.。In the above-mentioned cases, the investigating organ shall notify the detention house in advance。

"Defense lawyers meet with criminal suspects and defendants in custody and can learn about the case and provide legal advice;From the date the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant。Defense lawyers are not monitored when they meet with criminal suspects or defendants。

"The provisions of paragraphs 1, 3 and 4 shall apply to the meeting and correspondence between defense lawyers and criminal suspects or defendants under residential surveillance。

"Article 38 Defense lawyers may, from the date on which the People's Procuratorate examines and prosecutes a case, consult, extract and copy the case file materials of the case。With the permission of the people's court and the people's procuratorate, other defenders may also consult, extract and reproduce the above materials。”

10. Two articles are added as Articles 39 and 40:

"Article 39 If the defender believes that the evidentiary materials collected by the public security organ or the people's procuratorate during the investigation, examination and prosecution to prove the innocence or minor crime of the criminal suspect or defendant have not been submitted, he has the right to apply to the people's procuratorate or the people's court for transfer.。

"Article 40 The evidence collected by the defense that the criminal suspect is not at the crime scene, has not reached the age of criminal responsibility, and is a mental patient who is not responsible for criminal responsibility according to law shall be promptly informed to the public security organ and the people's procuratorate.。”

Article 38 is changed to Article 42 and amended as follows: "Defenders or any other person shall not help criminal suspects or defendants conceal, destroy, falsify evidence or collude in confessions, and shall not threaten or induce witnesses to commit perjury or engage in other acts that interfere with the litigation activities of judicial organs.。

"Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law, and if the defender is suspected of committing a crime, it shall be handled by an investigative organ other than the one handling the case handled by the defender.。If a defender is a lawyer, he shall promptly notify the law firm to which he belongs or the lawyers association to which he belongs。”

12. Two articles are added as Articles 46 and 47:

"Article 46 Defense lawyers shall have the right to keep confidential the relevant information and information of their clients that they come to know in the course of their practice。However, if a defense lawyer, in the course of his practice, becomes aware that his client or any other person is preparing or committing a crime that endangers state security or public security or seriously endangers the personal safety of others, he shall promptly inform the judicial organ。

"Article 47 If a defender or agent AD litem considers that a public security organ, a people's procuratorate, a people's court or its staff have obstructed him from exercising his litigation rights according to law, he shall have the right to appeal or bring a complaint to the people's procuratorate at the same level or at the next higher level.。The people's procuratorate shall promptly examine the complaint or accusation, and if the case is true, notify the relevant authorities to make correction。”

Article 42 is changed to Article 48 and amended to read: "The materials that can be used to prove the facts of a case are all evidence.。

"The evidence includes:

"(1) material evidence;

"(2) documentary evidence;

"(3) the testimony of witnesses;

"(4) Statements of victims;

"(5) statements and justifications of criminal suspects and defendants;

"(6) An expert opinion;

"(7) Records of investigation, inspection, identification and investigation experiments;

"(8) audio-visual materials and electronic data。

"Evidence must be verified before it can be used as a basis for a decision。”

14, add an article as Article 49: "The burden of proof of the defendant's guilt in a public prosecution case shall be borne by the people's Procuratorate, and the burden of proof of the defendant's guilt in a private prosecution case shall be borne by the private prosecutor.。”

Article 43 is changed to Article 50 and amended to read: "Judicial personnel, procurators and investigators shall, in accordance with legal procedures, collect all kinds of evidence that can confirm the guilt or innocence of criminal suspects and defendants and the seriousness of the crime。Extorting confessions by torture and collecting evidence by threat, inducement, deception or other illegal means are strictly prohibited, and no one may be forced to prove his or her guilt。It is necessary to ensure that all citizens who are involved in the case or have knowledge of the case have the conditions to objectively and adequately provide evidence, and that, except in special circumstances, they can be recruited to assist in the investigation。”

Article 45 is changed to Article 52, and one paragraph is added as paragraph 2: "Evidentiary materials such as physical evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the course of administrative law enforcement and investigation and handling of cases may be used as evidence in criminal proceedings。”

The second paragraph is changed to the third paragraph and amended to read: "Evidence involving state secrets, trade secrets and personal privacy shall be kept confidential.。”

Article 46 is changed to Article 53 and amended to read: "In all cases, the sentence must attach importance to evidence, attach importance to investigation and research, and do not trust confessions.。If there is only the confession of the defendant and no other evidence, the defendant shall not be found guilty or punished;In the absence of a defendant's confession and if the evidence is solid and sufficient, the defendant may be found guilty and punished。

"The evidence is solid and sufficient and should meet the following conditions:

"(1) The facts of conviction and sentencing can be proved by evidence;

"(2) The evidence on which the case is based has been verified by legal procedures;

"(3) After synthesizing all the evidence in the case, the facts determined have been beyond reasonable doubt.。”

18. Add 55 as Articles 54, 55, 56, 57, 58:

"Article 54 The confessions of criminal suspects and defendants collected through torture and other illegal methods, and the testimony of witnesses and statements of victims collected through violence, threats and other illegal methods shall be excluded.。Where the collection of material evidence or documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be given;If no correction or reasonable explanation can be made, the evidence shall be excluded。

"If evidence that should be excluded is found during investigation, review of prosecution or trial, it shall be excluded according to law and shall not be used as a basis for prosecution opinions, prosecution decisions or judgments.。

"Article 55 Where a people's procuratorate receives a report, accusation or report or finds that an investigator has collected evidence by illegal means, it shall investigate and verify it.。Where evidence is indeed collected by illegal means, corrective opinions shall be put forward;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

"Article 56 In the course of court proceedings, where the adjudicators consider that there may be cases of illegal collection of evidence as provided for in Article 54 of this Law, the legality of the collection of evidence shall be investigated by the court.。

"Parties, their defenders and agents AD litem shall have the right to apply to the people's court to exclude evidence collected by illegal means in accordance with law.。Where an application is made for the exclusion of evidence collected by illegal means, relevant clues or materials shall be provided。

"Article 57 In the course of a court investigation into the legality of evidence collection, the people's procuratorate shall prove the legality of evidence collection。

"Where the available evidence materials cannot prove the legality of the collection of evidence, the people's procuratorate may request the people's court to notify the relevant investigators or other personnel to appear in court to explain the situation;The people's court may notify relevant investigators or other personnel to appear in court to explain the situation。The investigators or other personnel concerned may also request a court appearance to explain the situation。Upon notification by the people's court, the person concerned shall appear in court。

"Article 58 Where, after a court hearing, it is confirmed or cannot be ruled out that evidence was collected by illegal means as provided for in Article 54 of this Law, the relevant evidence shall be excluded。”

Article 47 is changed to Article 59 and amended to read: "Witness testimony must be cross-examined and verified by both the prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for a final case.。When a court finds out that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle the case according to law。”

20. Two articles are added as articles 62 and 63:

"Article 62 For crimes endangering state security, crimes of terrorist activities, organized crimes of a triad nature, drug crimes and other cases，Witness, expert witness, victim for testifying in proceedings，The personal safety of himself or his close relatives is in danger，The people's courts, people's procuratorates and public security organs shall take one or more of the following protective measures:

"(1) Not disclosing personal information such as real name, address and work unit;

"(2) taking measures to testify in court, such as not revealing one's appearance or true voice;

"(3) To prohibit specific persons from having access to witnesses, experts, victims and their close relatives;

"(4) To take special measures for the protection of persons and homes;

"(5) other necessary protective measures。

"If a witness, expert witness or victim considers that his or her personal safety or that of his or her close relatives is in danger as a result of giving testimony in a lawsuit, he or she may apply to a people's court, people's procuratorate or public security organ for protection.。

"When people's courts, people's procuratorates and public security organs take protective measures in accordance with the law, relevant units and individuals shall cooperate.。

"Article 63 A witness shall be granted an allowance for transportation, accommodation, dining and other expenses incurred by him in fulfilling his obligation to testify。The subsidies for witness testimony are included in the operational funds of judicial organs and are guaranteed by the finance of governments at the same level。

"Where a witness from a work unit testifies, the unit may not deduct or deduct in disguised form his wages, bonuses or other welfare benefits。”

Article 51 is changed to Article 65 and amended to read: "The people's courts, the people's procuratorates and the public security organs may release a criminal suspect or defendant pending trial under any of the following circumstances:

"(1) may be sentenced to public surveillance, criminal detention or independent application of additional penalties;

"(2) where a sentence of fixed-term imprisonment or more may be imposed, and no social danger will occur if a person is released on bail pending trial;

"(3) A woman who is suffering from a serious disease, is unable to take care of herself, is pregnant or is breastfeeding her own baby, and while awaiting trial on bail will not pose a danger to society;

"(4) The period of detention has expired, the case has not been completed, and it is necessary to take bail pending trial。

"Bail pending trial shall be executed by the public security organ。”

Article 55 is changed to Article 68 and amended as follows: "The guarantor shall perform the following obligations:

"(1) To supervise the guarantor's compliance with Article 69 of this Law;

"(2) Where it is found that the insured may have committed or has committed acts in violation of Article 69 of this Law, it shall promptly report to the executing organ.。

"Where the surety violates the provisions of Article 69 of this Law and the surety fails to perform his surety obligations, the surety shall be fined, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.。”

Article 56 is changed to Article 23 and amended as articles 69, 70 and 71 as follows:

Article 69 Criminal suspects and defendants who are released on bail pending trial shall abide by the following provisions:

"(1) Not to leave the city or county where he lives without the approval of the executing organ;

"(2) To report to the executive organ within 24 hours of any change in address, work unit or contact information;

"(3) Be present at the time of the arraignment;

"(4) Not to interfere in any way with the testimony of witnesses;

"(5) No evidence may be destroyed, falsified or confided in。

"The people's court, the people's Procuratorate and the public security organ may, in light of the circumstances of the case, order a criminal suspect or defendant on bail to comply with one or more of the following provisions:

"(1) Not to enter a particular place;

"(2) Not to meet or correspond with specific persons;

"(3) Not to engage in specific activities;

"(4) Submit passports and other exit and entry documents and driving documents to the enforcement organ for storage。

"Where a criminal suspect or defendant on bail violates the provisions of the preceding two paragraphs and has already paid the deposit, part or all of the deposit shall be confiscated, and, depending on the circumstances, the criminal suspect or defendant shall be ordered to make a statement of repentance, pay the deposit again, provide a guarantor, or be placed under residential surveillance or arrested.。

"If it is necessary to arrest someone who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.。

"Article 70 The organ that determines the amount of the bond shall comprehensively consider the need to ensure the normal conduct of the litigation activities, the social risk of the person awaiting trial, the nature and circumstances of the case, the severity of the penalty that may be imposed, and the economic status of the person awaiting trial。

"The person providing the deposit shall deposit the deposit into a special account in the bank designated by the executing authority。

"Article 71 Where a criminal suspect or defendant has not violated the provisions of Article 69 of this Law during the period of bail pending trial, at the end of the bail pending trial, he shall go to the bank to receive the refund of the deposit on the basis of the notice of cancellation of bail pending trial or relevant legal documents。”

24. Three articles are added as Articles 72, 73 and 74:

"Article 72 The people's courts, people's procuratorates and public security organs may place under residential surveillance a criminal suspect or defendant who meets the conditions for arrest and falls under any of the following circumstances:

"(1) suffering from a serious disease or being unable to take care of themselves;

"(2) A woman who is pregnant or breastfeeding her own baby;

"(3) A person who is unable to take care of himself is a dependant;

"(4) because of the special circumstances of the case or the need to handle the case, it is more appropriate to take residential surveillance measures;

"(5) The term of detention has expired, the case has not yet been concluded, and residential surveillance measures need to be taken。

"For those who meet the conditions for bail pending trial, but the criminal suspect or defendant cannot put forward a guarantor and does not pay a bond, residential surveillance may be allowed.。

"Residential surveillance shall be carried out by public security organs。

"Article 73 Residential surveillance shall be carried out at the residence of the criminal suspect or defendant;If there is no fixed residence, the execution may be carried out at the designated residence。For suspected crimes of endangering state security, crimes of terrorist activities, especially major bribery crimes, the execution at the residence may hinder the investigation, with the approval of the people's procuratorate or public security organ at the next higher level, the execution may also be carried out at the designated residence。However, it may not be executed in a place of detention or a special place for handling cases。

"In the case of residential surveillance at a designated place, the family members of the person under surveillance shall be notified within 24 hours after the execution of residential surveillance, except where such notification is not possible。

"Where a criminal suspect or defendant under residential surveillance entrusts a defender, the provisions of Article 33 of this Law shall apply。

"The people's procuratorate shall exercise supervision over the legality of the decision and implementation of residential surveillance in designated places。

"Article 74 The term of residential surveillance at a designated place shall be substituted for the term of imprisonment。If a person is sentenced to public surveillance, one day of residential surveillance shall be substituted for one day of the sentence;If a person is sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance shall be reduced to one day of the term of imprisonment。”

Article 57 is changed to Article 75 and amended to read: "Criminal suspects and defendants under residential surveillance shall comply with the following provisions:

"(1) Not to leave the place where residential surveillance is carried out without the approval of the executing organ;

"(2) Not to meet with others or correspond without the approval of the executing organ;

"(3) Be present at the time of the arraignment;

"(4) Not to interfere in any way with the testimony of witnesses;

"(5) May not destroy, falsify evidence or collude in confessions;

"(6) Submit passports and other exit and entry documents, identity documents and driving documents to the enforcement organ for storage。

"If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested;Where arrest is necessary, the criminal suspect or defendant may be detained first。”

Add one article，As Article 76: "The executing organ shall exercise jurisdiction over criminal suspects or defendants under residential surveillance，Electronic monitoring, irregular inspection and other monitoring methods can be adopted to supervise their compliance with residential surveillance regulations;During investigation，The communications of criminal suspects under residential surveillance can be monitored。”

27. Article 60 is changed to Article 79 and amended to read: "Where there is evidence to prove the fact of a crime and a criminal suspect or defendant may be sentenced to more than imprisonment, the following social dangers shall be arrested if bail pending trial is not sufficient to prevent:

"(1) A new crime may be committed;

"(2) there is a real danger of endangering state security, public security or social order;

"(3) those who may destroy or falsify evidence, interfere with witnesses' testimony or collude in giving testimony;

"(4) where retaliation may be taken against the victim, informant or accuser;

"(5) attempts to commit suicide or escape。

"Where there is evidence to prove the fact of a crime, which may be sentenced to fixed-term imprisonment of more than 10 years, or where there is evidence to prove the fact of a crime, which may be sentenced to imprisonment of more than 10 years, where there is evidence to prove the fact of a crime, which has committed an intentional crime or whose identity is unknown, shall be arrested.。

"If a criminal suspect or defendant on bail or under residential surveillance violates the provisions on bail or residential surveillance and the circumstances are serious, he may be arrested.。”

28. Article 64 is changed to Article 83, and paragraph 2 is amended to read: "Immediately after detention, the detainee shall be sent to a detention center for custody and shall not exceed 24 hours at the latest。The family members of the detainee shall be notified within 24 hours after detention, except in cases where it is impossible to notify or where the notification of a crime suspected of endangering state security or a crime of terrorist activities may hinder the investigation。When the circumstances impeding the investigation disappear, the family members of the detainee shall be notified immediately。”

Article 65 is changed to Article 84 and amended to read: "The public security organ shall interrogate a detained person within 24 hours of detention。If it is found that he should not be detained, he shall be released immediately and issued a certificate of release。”

A new article is added as Article 86: "When a people's procuratorate examines and approves arrest, it may interrogate a criminal suspect;Under any of the following circumstances, the criminal suspect shall be interrogated:

"(1) There is doubt as to whether the conditions for arrest are met;

"(2) The criminal suspect requests to make a face-to-face statement to the procurator;

"(3) where there may be a major violation of the law in the investigation。

"In reviewing and approving an arrest, the people's procuratorate may question witnesses and other participants in the proceedings and listen to the opinions of defence lawyers;If a defence lawyer makes a request, the defence lawyer's opinion shall be heard。”

31. Article 71 is changed to Article 91, and paragraph 2 is amended to read: "After arrest, the arrested person shall be immediately sent to a detention center for custody。The family members of the arrested person shall be notified within 24 hours after the arrest, unless it is impossible to do so。”

A new article is added as Article 93: "After a criminal suspect or defendant has been arrested, the people's procuratorate shall continue to examine the necessity of detention.。If it is not necessary to continue to be detained, it shall propose to be released or change the compulsory measures。The relevant organ shall notify the people's Procuratorate of the situation within 10 days。”

Article 52 is changed to Article 95 and amended to read: "Criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to apply for changes to compulsory measures。The people's court, the people's procuratorate and the public security organ shall, after receiving the application, make a decision within three days;If the applicant does not agree to change the compulsory measure, it shall inform the applicant and explain the reasons for the disagreement。”

Article 74 is changed to Article 96，It is amended to read: "Cases in which criminal suspects and defendants are in custody，It cannot be concluded within the time limit for investigation and detention, examination and prosecution, first instance or second instance as prescribed in this Law，The criminal suspect or defendant shall be released;Need to continue to verify, trial，Criminal suspects or defendants may be granted bail pending trial or placed under residential surveillance。”

35. Article 75 is changed to Article 97 and amended to read: "The people's court, the people's procuratorate or the public security organ shall release a criminal suspect or defendant whose legal period of compulsory measures has expired, terminate the bail pending trial, place him under residential surveillance or change the compulsory measures according to law。A criminal suspect or defendant, his legal representative, his close relatives or his defender shall have the right to request that the compulsory measure be lifted when the statutory period for the compulsory measure taken by a people's court, a people's procuratorate or a public security organ expires。”

Article 77 is changed to two and amended as Articles 99 and 100 as follows:

"Article 99 Where a victim has suffered material losses as a result of the defendant's criminal act, he shall have the right to bring an incidental civil suit in the course of criminal proceedings.。If the victim is dead or incapacitated, the legal representative and close relatives of the victim shall have the right to bring an incidental civil suit。

"If it is state property or collective property that has suffered losses, the people's procuratorate may bring an incidental civil action when initiating a public prosecution.。

"Article 100 The people's court may, when necessary, take preservation measures to seal up, seize or freeze the defendant's property。The plaintiff in an incidental civil action or the people's procuratorate may apply to the people's court to take preservation measures。In taking preservation measures, the people's court shall apply the relevant provisions of the Civil Procedure Law。”

37. A new article is added as Article 101: "In trying cases involving incidental civil actions, the people's court may conduct conciliation or make judgments or rulings in the light of the material losses。”

38. Article 79 is changed to 103 and a paragraph is added as paragraph 4: "Where the day at the end of the period is a holiday, the day after the holiday shall be the expiration date, provided that the period of detention of the criminal suspect, defendant or criminal shall end on the expiration date and shall not be extended due to holidays.。”

39. A new article is added as Article 115: "Parties, defenders, agents AD litem and interested parties have the right to appeal to or bring charges against a judicial organ or its staff if they commit any of the following acts:

"(1) failing to release, rescind or modify the compulsory measures at the expiration of the statutory period for taking them;

"(2) where the bail bond should be returned and is not returned;

"(3) taking measures to seal up, detain or freeze property unrelated to the case;

"(4) where the sealing up, detention or freezing should be lifted;

"(5) embezzling, misappropriating, privately distributing, exchanging or using sealed, seized or frozen property in violation of regulations。

"The organ accepting the complaint or accusation shall deal with it in a timely manner。If he is not satisfied with the handling, he may appeal to the people's Procuratorate at the same level;If a people's procuratorate directly accepts a case, it may appeal to the people's procuratorate at the next higher level。The people's procuratorate shall examine the complaint in a timely manner, and if the case is true, notify the relevant authorities to correct it。”

Article 91 is changed to Article 116, and one paragraph is added as paragraph 2: "After a criminal suspect has been sent to custody in a detention center, investigators shall interrogate him in the detention center。”

41. Article 92 is changed to Article 117 and amended to read: "A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but a certification document issued by the people's procuratorate or public security organ shall be produced。A criminal suspect found at the scene may be summoned orally upon production of his work credentials, but it shall be indicated in the interrogation record。

"The duration of summons or detention shall not exceed twelve hours;If the case is particularly serious and complex, and it is necessary to take measures of detention or arrest, the duration of summons or detention shall not exceed 24 hours。

"No criminal suspect may be detained in disguise in the form of continuous summons or detention。When summoning or detaining a criminal suspect, the food and drink of the criminal suspect and the necessary rest time shall be guaranteed。”

42. Article 93 is changed to Article 118, and one paragraph is added as paragraph 2: "When interrogating a criminal suspect, the investigator shall inform the criminal suspect of the legal provisions on leniency for truthfully confessing his crime。”

43. A new article is added as Article 121: "When interrogating a criminal suspect, investigators may make audio or video recordings of the interrogation process;In cases where a sentence of life imprisonment or the death penalty may be imposed or in cases of other major crimes, audio or video recordings of the interrogation process shall be made。

"The sound recording or video recording shall be carried out in the whole process to maintain integrity。”

Article 96 is deleted。

45. Article 97 is changed to Article 122, and the first paragraph is amended to read: "Investigators may question witnesses at the scene, or at the unit or residence of the witness, or at the place proposed by the witness; when necessary, they may notify the witness to give testimony to a people's procuratorate or a public security organ。When questioning a witness at the scene, he shall present his work certificate; when questioning a witness at the unit to which the witness belongs or at the place proposed by the witness, he shall present the certification documents issued by the people's procuratorate or the public security organ。”

Article 98 (2) is deleted。

Article 105 is changed to Article 130, and one paragraph is amended to read: "In order to determine certain characteristics, injuries or physiological states of victims and criminal suspects, the person can be examined, fingerprint information can be extracted, and biological samples such as blood and urine can be collected.。”

48, Article 108 is changed to 133, and one paragraph is amended to read: "In order to ascertain the case, when necessary, with the approval of the head of the public security organ, investigation experiments may be conducted.。”

One paragraph is added as the second paragraph: "The information of the investigation experiment shall be written in a written record and signed or sealed by the person participating in the experiment.。”

49. Article 110 is changed to Article 135 and amended to read: "Any unit or individual has the obligation, in accordance with the requirements of the people's procuratorates and public security organs, to hand over physical evidence, documentary evidence, audio-visual materials and other evidence that can prove the guilt or innocence of a criminal suspect。”

50. In Section 6 of Chapter 2 of Part II and Article 158, the word "seizure" is amended to read "seizure and seizure".。

51. Article 114 is changed to Article 139 and amended to read: "All kinds of property and documents found in the course of investigation that can be used to prove the guilt or innocence of criminal suspects shall be sealed and seized;Property and documents unrelated to the case may not be sealed up or seized。

"Sealed or seized property and documents shall be properly kept or sealed up, and shall not be used, replaced or damaged。”

Article 115 is changed to Article 140，It is amended to read: "Property and documents seized or seized，They shall make a clear examination together with the witnesses present and the holders of the seized or seized property and documents，Make a list in duplicate on the spot，It shall be signed or sealed by the investigator, the witness and the holder，One copy to the holder，A separate copy is attached for reference。”

53. Article 117 is changed to Article 142 and amended to read: "The People's procuratorates and public security organs may, in light of the needs of criminal investigation, inquire into and freeze the assets of criminal suspects such as deposits, remittances, bonds, stocks and fund shares in accordance with regulations。Relevant units and individuals shall cooperate。

"If a criminal suspect's deposits, remittances, bonds, stocks, fund shares and other assets have been frozen, they shall not be frozen again.。”

Article 118 is changed to Article 143，It is amended to read: "For seized or seized property, documents, mail, telegrams, or frozen deposits, remittances, bonds, stocks, fund shares and other property，Found to be genuinely unrelated to the case，The sealing up, detention or freezing shall be lifted within three days，refund。”

55. Article 120 is changed to Article 145 and amended as follows: "After the appraiser makes the appraisal, he shall write out the appraisal opinion and sign it。

"Where an appraiser intentionally makes a false appraisal, he shall bear legal responsibility。”

56. The "appraisal conclusion" in Articles 121 and 157 is amended to "appraisal opinion".。

57. A verse is added after verse 7 of Chapter 2 as verse 8:

"Section VIII Technical investigative measures

"Article 148 After filing a case, the public security organ may take technical investigation measures for crimes endangering state security, crimes of terrorist activities, organized crimes of a triad nature, major drug crimes or other crimes that seriously endanger society in accordance with the needs of criminal investigation and after strict approval procedures.。

"After filing a case, the people's procuratorates may, according to the needs of criminal investigation and after strict approval procedures, take technical investigation measures for major crimes of embezzlement and bribery and serious crimes of serious violations of citizens' personal rights committed by taking advantage of their powers, and hand them over to the relevant organs for execution in accordance with relevant regulations.。

"To pursue a fugitive criminal suspect or defendant who is wanted or whose arrest has been approved or decided upon, after approval, technical investigation measures necessary for the pursuit may be taken。

"Article 149 The approval decision shall, in light of the needs of criminal investigation, determine the types of technical investigation measures to be taken and the objects of application。The approval decision shall be valid for a period of three months from the date of issue。Where it is not necessary to continue to take technical investigation measures, it shall be terminated promptly;For complex and difficult cases, where it is still necessary to continue to take technical investigation measures after the expiration of the time limit, the validity period may be extended with approval, and each time shall not exceed three months。

"Article 150 Technical investigation measures shall be taken in strict accordance with the types of measures approved, the objects of application and the time limit.。

"Investigators shall keep confidential state secrets, trade secrets and personal privacy that they come to know in the course of taking technical investigation measures;Materials unrelated to the case obtained through technical investigation measures shall be destroyed in a timely manner。

"Materials obtained through technical investigation measures shall only be used for the investigation, prosecution and trial of crimes and shall not be used for other purposes.。

"When public security organs take technical investigation measures in accordance with the law, relevant units and individuals shall cooperate and keep the relevant situation confidential.。

"Article 151 In order to ascertain the case, when necessary, upon the decision of the head of the public security organ, the person concerned may conceal his identity and conduct investigation.。However, no one may be induced to commit a crime, and no method may be adopted that may endanger public security or cause serious personal danger。

"For criminal activities involving the payment of drugs and other contraband or property, the public security organ may, according to the needs of criminal investigation, implement controlled delivery in accordance with regulations.。

"Article 152 Materials collected by investigative measures taken in accordance with the provisions of this Section may be used as evidence in criminal proceedings。If the use of the evidence may endanger the personal safety of the person concerned, or may have other serious consequences, protective measures shall be taken not to reveal the identity of the person concerned, technical methods and other protection measures, and when necessary, the evidence may be verified outside the court by judicial personnel。”

Article 128 is changed to Article 158 and amended to read: "If, during the course of investigation, a criminal suspect is found to have committed another important crime, the period of detention for investigation shall be recalculated from the date of discovery in accordance with the provisions of Article 154 of this Law。

"If a criminal suspect does not tell his real name or address and his identity is unknown, his identity shall be investigated, and the period of investigation and detention shall be calculated from the date of finding out his identity, but the investigation and collection of evidence for his criminal acts shall not be stopped.。If the facts of the crime are clear, the evidence is true and sufficient, and it is really impossible to identify the person, he may also be prosecuted and tried according to the name declared by him。”

59. A new article is added as Article 159: "Before the conclusion of the investigation of a case, if the defense lawyer makes a request, the investigation organ shall listen to the opinions of the defense lawyer and record them。Where a defense lawyer submits a written opinion, a copy shall be attached。”

Article 129 is changed to Article 160，It is amended to read: "Cases concluded by investigation by public security organs.，The facts of the crime should be made clear，The evidence is solid and sufficient，And write a lawsuit opinion，Together with case files and evidence, they shall be transferred to the people's procuratorate at the same level for examination and decision;At the same time, the suspect and his defense counsel are informed of the transfer of the case。”

61. Article 133 is changed to Article 164 and amended to read: "The People's procuratorate shall interrogate a person detained in a case directly accepted within 24 hours of detention。If it is found that he should not be detained, he shall be released immediately and issued a certificate of release。”

Article 134 is changed to Article 165 and amended to read: "If the People's Procuratorate considers it necessary to arrest a person detained in a case directly accepted, it shall make a decision within 14 days.。In exceptional circumstances, the time limit for deciding on arrest may be extended by one to three days。Those who do not need to be arrested shall be released immediately;Where further investigation is required and the conditions for bail or residential surveillance are met, bail or residential surveillance shall be obtained according to law。”

63. Article 139 is changed to Article 170 and amended to read: "When reviewing a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender, the victim and their agent AD litem, and record them。Where the defender, the victim and their agent AD litem submit written opinions, they shall be attached to the document。”

Article 140 is changed to Article 171，One paragraph is amended to read: "The People's Procuratorate examines cases，Public security organs may be required to provide evidentiary materials necessary for court trials;Where it is considered that there may be circumstances of collecting evidence by illegal means as provided for in Article 54 of this Law，It may be asked to explain the legality of the collection of evidence。”

The fourth paragraph is amended to read: "For cases of secondary supplementary investigation, where the people's procuratorate still considers that the evidence is insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute.。”

Article 141 is changed to Article 172，It is amended to read: "The People's Procuratorate considers that the criminal facts of the suspect have been ascertained.，The evidence is solid and sufficient，Where criminal responsibility shall be investigated according to law，A decision to prosecute should be taken，In accordance with the provisions of trial jurisdiction，File a public prosecution with the people's court，And transfer the case files and evidence to the people's court。”

Article 142 is changed to Article 173, and one paragraph is amended to read: "Where the criminal suspect has no criminal facts, or has any of the circumstances provided for in Article 15 of this Law, the People's procuratorate shall make a decision not to prosecute.。”

The third paragraph is amended to read: "In cases where the people's procuratorate decides not to prosecute, it shall at the same time lift the seizure, seizure or freezing of the property sealed, seized or frozen during the investigation.。Where it is necessary to impose an administrative penalty or an administrative sanction on the person who is not prosecuted, or to confiscate his illegal gains, the people's procuratorate shall submit procuratorial opinions and transfer the case to the competent authorities for handling。The competent authorities concerned shall promptly notify the people's Procuratorate of the result of the handling。”

67. Article 150 is changed to Article 181 and amended to read: "The people's court, after examining the case of a public prosecution, shall decide to hold a trial if there are clear facts of the alleged crime in the indictment。”

Article 151 is changed to Article 182 and amended to read: "After the people's court decides to hold a trial, it shall determine the composition of the collegial panel and serve a copy of the indictment issued by the People's Procuratorate on the defendant and his defenders no later than 10 days before the hearing。

"Before the hearing, the judicial personnel may convene the public prosecutor, the parties and defenders, and the agents AD litem to understand the situation and listen to opinions on issues related to the trial, such as the withdrawal, the list of witnesses in court, and the exclusion of illegal evidence.。

"After the people's court has fixed the date for the hearing, it shall notify the people's Procuratorate of the time and place of the hearing, summon the parties, notify the defenders, agents AD litem, witnesses, experts and interpreters, and serve the summons and notice no later than three days before the hearing.。In case of public trial, the cause of the case, the name of the defendant, the time and place of the hearing shall be announced three days before the hearing。

"The above activities shall be written into the record and signed by the judicial officers and the court clerk。”

69. Article 152 is changed to Article 183 and amended to read: "The trial of first instance cases by the people's courts shall be conducted in public。However, cases concerning state secrets or personal privacy shall not be heard in public;A case involving trade secrets may not be heard in public if the parties apply for it。

"In cases that are not heard in public, the reasons for not hearing in public shall be announced in court.。”

Article 153 is changed to Article 184 and amended to read: "When a people's court tries a public prosecution case, the people's Procuratorate shall send members to the court to support the public prosecution.。”

71. Two articles are added as 187 and 188:

"Article 187 If the public prosecutor, the parties or the defender or the agent AD litem have objections to the testimony of a witness, and the testimony of the witness has a significant impact on the conviction and sentencing of the case, and the people's court considers it necessary for the witness to testify in court, the witness shall testify in court.。

"The provisions of the preceding paragraph shall apply when a people's policeman appears in court as a witness to testify about a crime he witnessed while performing his duties。

"If the public prosecutor, the parties or the defender or the agent AD litem have objections to the expert opinion, and the people's court deems it necessary for the expert witness to appear in court, the expert witness shall appear in court to testify.。If, upon notification by the people's court, the expert person refuses to testify in court, the expert opinion shall not be used as the basis for the final case。

"Article 188 If, upon notification by the people's court, a witness fails to appear in court to testify without a valid reason, the people's court may compel him to appear in court, except for the spouse, parents or children of the defendant.。

"If a witness refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, he shall be reprimanded; if the circumstances are serious, he shall, with the approval of the president, be detained for not more than 10 days.。If the penalized person refuses to accept the detention decision, he may apply to the people's court at the next higher level for reconsideration。Execution shall not be suspended during the period of reconsideration。”

72. Article 159 is changed to Article 192, and one paragraph is added as paragraph 2: "The public prosecutor, the parties, the defenders and the agents AD litem may apply to the court to notify a person with specialized knowledge to appear in court and give opinions on the expert opinions made by the expert witnesses。”

One paragraph is added as paragraph 4: "Where a person with specialized knowledge appears in court as provided for in paragraph 2, the relevant provisions on expert witnesses shall apply.。”

73. Article 160 is changed to Article 193 and amended to read: "In the course of court proceedings, facts and evidence related to conviction and sentencing shall be investigated and debated。

"With the permission of the presiding judge, the public prosecutor, the parties, the defenders and the agents AD litem may express their opinions on the evidence and the circumstances of the case and may argue with each other。

"After the presiding judge has declared the argument closed, the defendant has the right to close the statement。”

Article 163 is changed to Article 196, and paragraph 2 is amended to read: "Where a judgment is pronounced in court, the written judgment shall be served on the parties and the people's procuratorate that initiated the public prosecution within five days;If a judgment is pronounced regularly, the written judgment shall be served immediately after the announcement on the parties and the people's procuratorate that initiated the public prosecution。The written judgment shall be served on the defender and agent AD litem at the same time。”

75. Article 164 is changed to Article 197 and amended to read: "The judgment shall be signed by the judges and the clerk, and the time limit for appeal and the court of appeal shall be clearly stated。”

Article 165 is changed to Article 198, and subparagraph 3 is amended to read: "Where the trial cannot be held because of the application for withdrawal.。”

77. A new article is added as Article 200: "In the course of the trial, if there are any of the following circumstances that make it impossible to continue the trial for a long time, the trial may be suspended:

"(1) The defendant suffers from a serious illness and is unable to appear in court;

"(2) where the defendant has fled;

"(3) The private prosecutor suffers from a serious illness, is unable to appear in court, and has not appointed an agent AD litem to appear in court;

"(4) for irresistible reasons。

"After the reasons for suspending the trial have disappeared, the trial shall resume。The period during which the trial is suspended shall not be included in the trial period。”

78. Article 168 is changed to Article 202, and one paragraph is amended to read: "The people's court shall pronounce a sentence within two months after accepting a case of public prosecution, and not more than three months at the latest。In cases where the death penalty may be imposed or cases involving incidental civil proceedings, or in any of the circumstances provided for in Article 156 of this Law, an extension of three months may be granted upon approval by the people's court at the next higher level;If it needs to be extended due to special circumstances, it shall be submitted to the High People's Court for approval。”

79. Article 172 is changed to Article 206 and amended to read: "The people's court may conduct mediation in cases of private prosecution;Before announcing the judgment, the private prosecutor may reconcile with the defendant or withdraw the private prosecution。Mediation shall not apply to the cases provided for in paragraph 3 of Article 204 of this Law。

"If the time limit for the trial of a private prosecution case by a people's court and the defendant is in custody, the provisions of paragraphs 1 and 2 of Article 202 of this Law shall apply;If he is not in custody, he shall pronounce a sentence within six months after accepting the case。”

80. Article 174 is changed to Article 208 and amended to read: "In cases under the jurisdiction of basic people's courts, summary procedures may be applied if the following conditions are met:

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

"(2) The defendant admits to the crime he committed and has no objection to the alleged criminal facts;

"(3) The defendant has no objection to the application of summary procedures。

"When initiating a public prosecution, the people's Procuratorate may recommend that the people's court apply summary procedures。”

One article is added as Article 209: "Summary procedures shall not apply under any of the following circumstances:

"(1) The defendant is blind, deaf or mute, or a mentally ill person who has not yet completely lost the ability to recognize or control his own conduct;

"(2) having a major social impact;

"(3) In a joint crime case, some of the defendants do not plead guilty or have objections to the application of summary procedures;

"(4) Other cases where summary procedures are not suitable for trial。”

Article 175 is changed to 210，It is amended to read: "Apply summary procedures to cases，May be sentenced to fixed-term imprisonment of not more than three years，A collegial panel may be formed for trial，It may also be tried by a single judge;For a possible term of imprisonment exceeding three years，A collegial panel shall be formed to conduct the trial。

"If summary procedures are applied to the trial of public prosecution cases, the people's Procuratorate shall send personnel to attend the court.。”

83, add a new article as Article 211: "In the application of summary procedure to try a case, the trial personnel shall ask the defendant's opinion on the alleged criminal facts, inform the defendant of the legal provisions for the application of summary procedure, and confirm whether the defendant agrees to the application of summary procedure to try.。”

84. Article 176 is changed to Article 212 and amended to read: "In cases where summary procedures are applied, the defendant and his defenders may, with the permission of the adjudicators, debate with the public prosecutor, the private prosecutor and their agents AD litem。”

85. Article 177 is changed to Article 213 and amended as follows: "The application of summary procedures in the trial of cases is not subject to the restrictions provided in the section of this Chapter on the time limit for service, interrogation of the defendant, interrogation of witnesses, expert witnesses, presentation of evidence, and court debate procedures。However, the defendant's closing statement shall be heard before the judgment is pronounced。”

Article 178 is changed to Article 214 and amended to read: "In cases where summary procedures are applied, the people's court shall conclude the trial within 20 days after accepting the case;A possible sentence of imprisonment exceeding three years may be extended to one and a half months。”

87. Article 187 is changed to Article 223, and the first paragraph is amended to read: "The people's court of second instance shall form a collegial panel to try the following cases:

"(1) The defendant, the private prosecutor and his legal representative raise objections to the facts and evidence determined in the first instance, which may affect the appeal of conviction and sentencing;

"(2) cases in which the accused has been sentenced to death on appeal;

"(3) cases protested by the People's Procuratorate;

"(4) Other cases that should be heard in court。

"If the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and hear the opinions of other parties, defenders and agents AD litem.。”

Article 188 is changed to Article 224 and amended to read: "In cases of protest lodged by the people's Procuratorate or in cases of public prosecution tried by the people's court of second instance, the people's procuratorate at the same level shall send members to attend the court。The people's court of second instance shall, after deciding to hold a trial, promptly notify the people's Procuratorate to consult the case file。The people's procuratorate shall complete the inspection within one month。The time for the people's procuratorate to consult the case file is not included in the trial period。”

Article 189 is changed to 225，Add an article，As paragraph 2: "After the original trial people's court makes a judgment on the case remanded for a new trial in accordance with the provisions of paragraph 3 of the preceding paragraph，The defendant files an appeal or the people's procuratorate files a protest，The people's court of second instance shall make a judgment or written order in accordance with law，They shall not be remanded to the original people's court for a new trial。”

90. Article 190 is changed to Article 226, and the first paragraph is amended to read: "When a people's court of second instance tries a case appealed by a defendant or his legal representative, defender or close relative, the penalty of the defendant shall not be increased。Where a people's court of second instance remands a case to the people's court of first instance for a new trial, the people's court of first instance shall not increase the penalty of the defendant, except where there are new criminal facts and the people's procuratorate makes additional prosecutions。”

Article 196 is changed to Article 232 and amended to read: "When a people's court of second instance accepts an appeal or protest case, it shall conclude the case within two months。In cases where the death penalty may be imposed or in cases incidental to civil proceedings, or under any of the circumstances provided for in Article 156 of this Law, an extension of two months may be granted upon approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government;If it needs to be extended due to special circumstances, it shall be submitted to the High People's Court for approval。

"The time limit for hearing appeals and protest cases accepted by the High People's Court shall be determined by the High People's Court。”

Article 198 is changed to Article 234 and amended to read: "The public security organs, the people's procuratorates and the people's courts shall properly keep the property and fruits of the criminal suspects and defendants that are sealed, seized or frozen for verification, and shall make a list and transfer it with the case.。No unit or individual may misappropriate it or dispose of it on their own。The lawful property of the victim shall be promptly returned。Contraband goods or articles not suitable for long-term storage shall be disposed of in accordance with the relevant provisions of the State。

"Physical objects used as evidence shall be transferred along with the case, and if it is not suitable to be transferred, its list, photos or other supporting documents shall be transferred along with the case.。

"The judgment made by the people's court shall deal with the sealed, seized or frozen property and the fruits thereof.。

"After the judgment made by the people's court takes effect, the relevant authorities shall deal with the sealed, seized or frozen property and its fruits in accordance with the judgment.。All seized, seized or frozen stolen money and goods and their fruits shall be turned over to the state Treasury, except those returned to the victims according to law。

"Judicial personnel who embezzled, misappropriated or privately disposed of sealed, seized or frozen property and its fruits shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, sanctions shall be given。”

Two articles are added as 239 and 240:

"Article 239 When reviewing a death penalty case, the High People's Court shall make a ruling approving or disapproving the death penalty。If a death sentence is not approved, the High People's Court may remander it for a new trial or revise the sentence。

"Article 240 When reviewing a death penalty case, the High People's Court shall interrogate the defendant and, if requested by the defense lawyer, shall listen to the opinions of the defense lawyer.。

"In the process of reviewing death penalty cases, the High People's Procuratorate may submit opinions to the High People's Court.。The High People's Court shall inform the High People's Procuratorate of the result of the review of the death penalty。”

94. Article 204 is changed to Article 242 and amended as follows: "If the appeal of the parties and their legal representatives or close relatives meets any of the following circumstances, the people's court shall retry the case:

"(1) There is new evidence to prove that the facts identified in the original judgment or written order are indeed wrong, which may affect the conviction and sentencing;

"(2) The evidence on which conviction and sentencing are based is inaccurate, insufficient, and should be excluded according to law, or there is a contradiction between the main evidence proving the facts of the case;

"(3) There was a definite error in the application of the law in the original judgment or written order;

"(4) violation of legal procedures, which may affect a fair trial;

"(5) The adjudicators engaged in embezzlement, accepting bribes, engaging in malpractices for personal gain or bending the law in adjudicating the case。”

One article is added as Article 244: "Where a higher people's court orders a lower people's court to retry a case, it shall instruct a lower people's court other than the original people's court to try the case;If it is more appropriate for the people's court to try the case, it may also instruct the people's court to try the case。”

96. Article 206 is changed to Article 245 and amended to read: "If a people's court retries a case in accordance with the trial supervision procedure and the case is tried by the original people's court, a separate collegial panel shall be formed to conduct the trial。If the case was originally a case of first instance, the trial shall be conducted in accordance with the procedure of first instance, and the judgment or written order rendered may be appealed or protested;If it was originally a case of second instance, or a case brought for trial by a people's court at a higher level, the trial shall be conducted in accordance with the procedures of second instance, and the judgment or written order rendered shall be the final judgment or written order。

"For a retrial case to be tried by a people's court, the people's procuratorate at the same level shall send members to attend the court。”

One article is added as Article 246: "If a people's court decides to retry a case and it is necessary to take compulsory measures against the defendant, the people's court shall decide according to law;Where a retrial case filed by a people's procuratorate requires compulsory measures to be taken against the defendant, the people's procuratorate shall decide according to law。

"The people's court may decide to suspend the execution of the original judgment or order in a case tried in accordance with the trial supervision procedure。”

98. Article 213 is changed to Article 253, and the first paragraph is amended to read: "When a criminal is delivered for execution of a criminal penalty, the people's court that delivered the criminal sentence for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents on the public security organ, prison or other executing organ。”

Paragraph 2 is amended to read: "Where a criminal is sentenced to death with a two-year reprieve, life imprisonment or fixed-term imprisonment, the public security organ shall, in accordance with law, deliver the criminal to a prison for execution of the penalty.。If a criminal sentenced to fixed-term imprisonment has not more than three months remaining in his sentence before he is handed over for execution of the criminal penalty, a detention house shall serve the sentence on his behalf。A criminal sentenced to criminal detention shall be executed by a public security organ。”

99. Article 214 is changed to Article 254 and amended to read: "A criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily served outside prison under any of the following circumstances:

"(1) those who are seriously ill and need to be released on medical parole;

"(2) A woman who is pregnant or breastfeeding her own baby;

"(3) those who are unable to take care of themselves in their daily lives and who are subject to temporary execution outside prison will not endanger society。

"If a criminal sentenced to life imprisonment falls under the circumstances provided for in paragraph 2 of the preceding paragraph, he may temporarily serve his sentence outside prison。

"No medical parole shall be granted to criminals who may be socially dangerous, or to criminals who injure themselves。

"If a prisoner has a serious illness and must be released on medical parole, a hospital designated by the provincial people's government shall diagnose and issue a supporting document.。

"Before delivery for execution, temporary execution outside prison shall be decided by the people's court that delivered the sentence for execution;After the delivery for execution, the prison or detention house shall submit a written opinion to the prison administration department at or above the provincial level or the public security organ at or above the level of a city divided into districts for approval。”

One article is added as Article 255: "Where a prison or detention house submits a written opinion on temporary execution outside prison, a copy of the written opinion shall be sent to the people's Procuratorate。The people's procuratorate may submit written opinions to the decision or approval organ。”

101. Article 215 is changed to Article 256 and amended to read: "The organ that decides on or approves temporary execution outside prison shall send a copy of the decision to the people's procuratorate。If the people's procuratorate considers that the temporary sentence outside prison is improper, it shall, within one month from the date of receipt of the notification, send its written opinion to the organ that decides on or approves the temporary sentence outside prison, and upon receiving the written opinion of the people's Procuratorate, the organ that decides on or approves the temporary sentence outside prison shall immediately re-verify the decision。”

102. Article 216 is changed to Article 257 and amended to read: "A criminal temporarily serving sentence outside prison shall be promptly sent to prison under any of the following circumstances:

"(1) It is found that the conditions for temporary execution outside prison are not met;

"(2) seriously violating the provisions on supervision and administration of temporary execution outside prison;

"(3) After the circumstances of temporary execution outside prison disappear, the prisoner has not completed the term of his sentence。

"If a people's court decides that a criminal who is temporarily sentenced to execution outside prison should be put in prison, the people's court shall make a decision and deliver the relevant legal documents to the public security organ, the prison or other executing organ.。

"Where a criminal who does not meet the conditions for temporary execution outside prison is temporarily executed outside prison through illegal means such as bribery, the period of execution outside prison is not counted in the term of execution.。If a prisoner escapes during the period of temporary execution outside prison, the period of escape shall not be counted into the term of execution。

"If a prisoner dies during the period of temporary execution outside prison, the executing organ shall promptly notify the prison or detention house。”

103. Article 217 is changed to Article 258 and amended to read: "Offenders sentenced to public surveillance, suspended sentences, parole, or temporary sentences outside prison shall be subject to community correction according to law, and community correction institutions shall be responsible for execution。”

104. Article 218 is changed to Article 259 and amended to read: "Criminals sentenced to deprivation of political rights shall be executed by public security organs。Upon the expiration of the term of execution, the executing organ shall notify the person and his/her unit and the grass-roots organization of his/her place of residence in writing。”

105. Article 221 is changed to Article 262，Paragraph 2 is amended to read: "Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment，There is repentance or meritorious service during the execution，When a sentence should be commuted or released on parole according to law，Recommendations are made by the executive，Report to the people's court for examination and adjudication，A copy of the proposal shall be sent to the People's Procuratorate。The people's procuratorate may submit a written opinion to the people's court。”

106. Add one part as Part V: "Special procedures"。

107. One chapter is added as a chapter of Part V:

"A chapter on the Procedure for Juvenile Criminal cases

"Article 266 The policy of education, rehabilitation and redemption shall be implemented for minors who commit crimes, and the principle of education first and punishment second shall be adhered to.。

"The people's courts, people's procuratorates and public security organs handling criminal cases involving minors shall ensure that minors exercise their litigation rights and that minors receive legal help, and shall be handled by judicial personnel, procurators and investigators who are familiar with the physical and mental characteristics of minors.。

"Article 267 Where a juvenile criminal suspect or defendant has not appointed a defender, the people's court or the people's Procuratorate