procedure criminal procedure criminal procedure law

107
procedure criminal procedure criminal procedure l aw

Post on 20-Dec-2015

319 views

Category:

Documents


6 download

TRANSCRIPT

Page 1: Procedure criminal procedure criminal procedure law

procedure criminal procedure criminal procedure law

Page 2: Procedure criminal procedure criminal procedure law

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

Page 3: Procedure criminal procedure criminal procedure law

3.criminal procedure law basic principles

Page 4: Procedure criminal procedure criminal procedure law

4.The public security organs shall be responsible for investigation,detention, execution of arrests and preliminary inquiry in criminal cases.The People's Procuratorates shall be responsible for procuratorial work, authorizing approval of arrests, conducting investigation and initiating public prosecution of cases directly accepted by the procuratorial organs. The People's Courts shall be responsible for adjudication. Except as otherwise provided by law, no other organs, organizations or individuals shall have the authority to exercise such power

Page 5: Procedure criminal procedure criminal procedure law

5. In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organsshall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of law.

Page 6: Procedure criminal procedure criminal procedure law

6. A defendant shall have the right to defence, and the People's Courts shall have the duty to guarantee his defence.

Page 7: Procedure criminal procedure criminal procedure law

7. No person shall be found guilty without being judged as such by a People's Court according to law.

Page 8: Procedure criminal procedure criminal procedure law

8. In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared:

Page 9: Procedure criminal procedure criminal procedure law

9. In accordance with the international treaties which the People's Republic of China has concluded or acceded to or on the principle of reciprocity, the judicial organs of China and that of other countries may request judicial assistance from each other in criminal affairs

Page 10: Procedure criminal procedure criminal procedure law

10. The systems of the Criminal Procedure Law

Page 11: Procedure criminal procedure criminal procedure law

11. Trials of cases of first instance in the Primary and Intermediate People's Courts shall be conducted by a collegial panel composed of three judges or of judges and people's assessors totalling three. However, cases in which summary procedure is applied in the Primary People's Courts may be tried by a single judge alone.

Trials of cases of first instance in the Higher People's Courts or the Supreme People's Court shall be conducted by a collegial panel composed of three to seven judges or of judges and people's assessors totalling three to seven.

Page 12: Procedure criminal procedure criminal procedure law

12. 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:

Page 13: Procedure criminal procedure criminal procedure law

13. Cases of first instance in a People's Court shall be heard in public. However, cases involving State secrets or private affairs of individuals 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 also not be heard in public.

Page 14: Procedure criminal procedure criminal procedure law

14. All judgments and orders of second instance and all judgments and orders of the Supreme People's Court are final.

Page 15: Procedure criminal procedure criminal procedure law

Jurisdiction

The Jurisdiction of function

The Jurisdiction of Judgement

Criminal cases shall be handled directly by the People's Courts.

Criminal cases shall be placed on file for investigation by the People's Procuratorates.

Criminal cases shall be conducted by the public security organs.

ordinary

Jurisdiction

special Jurisdiction

Differentiated Jurisdiction

Regional Jurisdiction

⒈The Definition and principle of Jurisdiction

⑴ The Definition of Jurisdiction

Page 16: Procedure criminal procedure criminal procedure law

⑵ The principle of Jurisdiction

①Timing and Validity ;

②Suitability and Equilibrium ;

③Convenience and Positivity ;

④Principle and Agility 。

Page 17: Procedure criminal procedure criminal procedure law

⒉The Jurisdiction of function

The Jurisdiction of function

⑴summarization

Criminal cases shall be handled directly by the People's Courts.

Criminal cases shall be placed on file for investigation by the People's Procuratorate

s.

Criminal cases shall be conducted by the public security organs.

Page 18: Procedure criminal procedure criminal procedure law

⑵ Criminal cases shall be handled directly by the People's Courts. Criminal cases shall be handled directly by the People's Courts.

cases to be handled only upon

complaint

cases for which the victims have evidence to prove that those are

minor criminal cases

cases for which the victims have evidence to prove that the defendants should be investigated for criminal responsibility according to law because their acts have infringed upon the victims' personal or property rights, whereas, the public security organs or the People's Procuratorates do not investigate the criminal responsibility of the a

ccused.

Page 19: Procedure criminal procedure criminal procedure law

⑶ Criminal cases shall be placed on file for investigation by the People's

Procuratorates. Criminal cases shall be placed on file for investigation by the People's Procuratorates.

Crimes of embezzlement and

bribery

crimes of dereliction of duty committed by State

functionaries

crimes involving violations of a citizen's personal rights and a citizen's democratic rights by taking advantage of their functions and powers

If cases involving other grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the People's Procuratorates, they may be placed on file for investigation by the People's Procuratorates upon decision by the People's Procuratorates at or above the provincial le

vel.

Page 20: Procedure criminal procedure criminal procedure law

⑷ Criminal cases shall be conducted by the public security organs

Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.

① Criminal cases shall be placed on file for investigation by the People's Procuratorates ;

②Cases of private prosecution shall be handled directly by the People's Courts ;

③ The security departments of the Army shall exercise the power of investigation with respect to criminal offences that have occurred in the Army ;

④Crimes committed by criminals in prison shall be investigated by the prison ;

⑤ State security organs shall handle cases of crimes that endanger State security ; ⑥Crimes of smuggle shall be investigated Custom.

Page 21: Procedure criminal procedure criminal procedure law

⒊ Jurisdiction of Judgement

special Jurisdiction (military court and railway court)

Regional Jurisdiction (Most criminal cases shall be under the jurisdiction of the People's Court in the place where the crime was committed , less criminal cases shall be under the jurisdiction of the People's Court in the place where the crime was committed )

Differentiated Jurisdiction(The Primary People's Courts 、 The Intermediate People's Courts 、 The Higher People's Courts 、 The Supreme People's Court )

The Primary People's Courts shall have jurisdiction over most ordinary criminal case

s

The Intermediate People's Courts shall have jurisdiction over cases endangering State security 、 ordinary criminal cases punishable by life imprisonment or the death penalty and criminal cases in which the offenders are foreigners.

The Higher People's Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entir

e province

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

nation.

Page 22: Procedure criminal procedure criminal procedure law

Evidence of Criminal Procedure

Page 23: Procedure criminal procedure criminal procedure law

Evidence of Criminal Procedure

• Concept and characteristic

• Forms of evidence

• Standards of proof

• Burden of proof

• The principle about using of the evidence

Page 24: Procedure criminal procedure criminal procedure law

Concept of Evidence of Criminal Procedure

• The evidence is an only means to find out case fact, as to dealing with the case correctly, have extremely important function.

Page 25: Procedure criminal procedure criminal procedure law

Characteristic of Evidence of Criminal Procedure

• Objectivity : The evidence must be the fact existing objectively.

• Related: The evidence must have connections with the case fact .

• Legitimacy: Namely evidence of criminal suit must collect according to the due course of law and the fact was established after investigation and have legal forms also.

Page 26: Procedure criminal procedure criminal procedure law

Definition of Forms of evidence

• Various kinds of external forms of the identification fact content of the legal provisions .

Page 27: Procedure criminal procedure criminal procedure law

Forms of evidence

• Material evidence • Documented evidence • Witness' testimony • The injured party states • The suspect , defendant state and explain • Expert's conclusion• Investigate on the spot , check and put down • Audiovisual material

Page 28: Procedure criminal procedure criminal procedure law

Material evidence

• Prove all articles and mark of the case truth 。

• Characteristic of material evidence:

• Objectivity;

• Specific ;

• Indirect

Page 29: Procedure criminal procedure criminal procedure law

Documented evidence

• It is prove case written material or other material material , fact of situation to come with content and thought of reflection that record itself.

• Characteristic of documented evidence :

• The documented evidence proves case situation with its content that is recorded or expressing.

• The content or thoughts expressed that the documented evidence records, is suitable for others' knowing and understanding .

• The content of the documented evidence must reflect certain case fact , can be in order to find out the fact situation of the case.

Page 30: Procedure criminal procedure criminal procedure law

Witness' testimony

• The witness is oral and stating in writing to what the judicial authority does on the situation of case understood by it

• Characteristic of Witness' testimony:• It is only witness' but not personal conjecture or analysis and judgement sugge

stion to the esthesia of the relevant situations of the case . • It is that the witness, to the reflection which perceives the rumor situation, this

kind of reflection will be influenced by the witness is subjective and objective condition unavoidably, even good will witness may offer the unfounded testimony .

• Because the witness is the third person beyond a party, generally, the treatment of he , case and case does not have personal stake, so, witness' testimony is for being objective , can be believed than the evidence of other words .

• The source of witness' testimony and problem range of the identification are very extensive

Page 31: Procedure criminal procedure criminal procedure law

The injured party states

• Injured party their to statement judicial authority act as situation and other related to case situation that criminal offence encroach on .

• Characteristic of the injured party states :

• The injured party state that generally has objective authenticity and stronger identification strength .

• The injured party states that there is overstating nature sometimes.

Page 32: Procedure criminal procedure criminal procedure law

The suspect , defendant state and explain

• Suspect , on about case situation to investigate , procuratorial work and trying the statement that personnel make defendant, usually called " deposition " too.

• Including: suspect , admit oneself stating and proving oneself innocent , crime light explaination guilty by defendant.

Page 33: Procedure criminal procedure criminal procedure law

Expert's conclusion

• Judicial authority appoint or engage with special knowledge person, specialization issue in case go on written conclusions made after determining

• Characteristic:

• It is the conclusion suggestion that the surveyor draws to the special problem in the case after being appraised.

• It is that the surveyor uses one's own special knowledge skill , relies on the scientific instrument , result about specialization problem in the analysing and researching case;

• It between surveyor and case to be solved some specialization conclusion problem act as, but not the suggestion offered to the legal question.

Page 34: Procedure criminal procedure criminal procedure law

Investigate on the spot , check and put down

• Personnel in charge of the case go on investigate to related to crime place , article , mark , corpse , personal one on the spot , record acted as to check .

• Form :It is generally a writing record, there are drawing , taking pictures , video , model ,etc. too.

Page 35: Procedure criminal procedure criminal procedure law

Audiovisual material

• Prove materials , case of truth with recording , video , electronic computer , other Hi-Tech equipment information stored .

• Highly ocular; • Forming , reserve and reproducing of the

audiovisual material, have accuracy and fidelity; • The audiovisual material has dynamic continuity

that various kinds of tangible evidences do not possess .

Page 36: Procedure criminal procedure criminal procedure law

The concept of Standards of proof

• The application evidence of the legal provisions proves that treats the demand of the degree that the fact of the card should reach, it is proved and required that some works are called.

Page 37: Procedure criminal procedure criminal procedure law

Historical changes about Standards of proof

• In the evidence system of prophesy of ancient times: Accord with the result of prophesy , reach " prophesy is true ".

• In the system of legal evidence of the feudal society: Can only up to " legally and trully " or " the form is true ", but not really find out the details of the case .

• The evidence systems of the modern western countries: Find entity's true doctrine.

Page 38: Procedure criminal procedure criminal procedure law

Standards of proof of our country

• “The crime fact is clear , the evidence is really abundant “.

Page 39: Procedure criminal procedure criminal procedure law

The difficult case proves the standard definite principle

• the amended criminal procedure law have made the clear regulation in treatment to difficult case .

• First of all, the criminal procedure law has established and has not " been adjudged by the people's court in the basic principle part (12 ), principle on can't confirm anyone guiltily ".

• Secondly , have stipulated the concrete treatment procedure of the difficult case .

• Doubt the crime pays attention to the inevitable value choice that human rights ensures from having. Question of involving the interests at the same time and weighing.

Page 40: Procedure criminal procedure criminal procedure law

Burden of proof

• Responsibility for proving the case fact that the judicial authority should collect the evidence , produce evidence .

Page 41: Procedure criminal procedure criminal procedure law

Private prosecution

• In the case of private prosecution, private prosecution people shoulder burden of proof , namely private prosecution people , while putting forward to people's court and accusing, must propose the evidence supports one's own accusation . People's court think lack evidence of a crime , and private prosecution at proposing evidencing of supplementing people, the people's court should persuade private prosecution people to recall private prosecution , or decide that rejects private prosecution.

Page 42: Procedure criminal procedure criminal procedure law

The principle about using of the evidence

• Pay attention to the evidence, pay attention to making investigations , does not readily believe deposition .

• Forbid extorting a confession by torture.

• Respect the case truth of the matter .

• Doubt the crime from the treatment principle that does not have.

Page 43: Procedure criminal procedure criminal procedure law

Pay attention to the evidence, pay attention to making investigations , does not readily believe

deposition

• To to is it take serious evidence to sentence all case , make investigations again , readily believe deposition. Defendant only state , have other evidence , can't assert defendant to be guilty sentencing penalty; Have defendant state, evidence abundant a certain one, can assert defendant to be guilty sentencing penalty.

Page 44: Procedure criminal procedure criminal procedure law

Forbid extorting a confession by torture

• It means in inquesting the activity , national staff members force the cruel and ferocious behavior which fetch deposition to that the suspect adopt corporal punishment or the corporal punishment in a disguised form to extort a confession by torture. This is a kind of criminal offence. The criminal procedure law stipulates , forbid extorting a confession by torture and collecting the evidence in order to threatenning , seduce into , cheat and other illegal methods .

Page 45: Procedure criminal procedure criminal procedure law

Respect the case truth of the matter

• Article 44 of the criminal procedure law stipulates : "The public security organ submits to and sanctions arresting the book , indictment of people's procuratorate , people's court court verdict, must be faithful in the truth of the matter . Cnoceal the fact on purpose, should investigate responsibility . "

• Loyal to the truth of the matter : Mean judicial personnel deal with the case , must seek truth from facts , reflect the truth situation of the case accurately . In criminal suit, faithful in the truth of the matter , a basic demand to judicial personnel, enforce the law impartially , deal with the prerequisite of the case correctly.

Page 46: Procedure criminal procedure criminal procedure law

Doubt the crime from the treatment principle that does not have

• Doubt the crime: Among judicial practice, some case expose with fact degree , ruin degree and obscure degree , crime of means ,etc. main fact , objective condition of evidence influence, may not reach the requirement of ones that make a verdict in the fact asserts the collection with the evidence, this is that reality exists. As to situation this kind of, administration of justice practise and theoretical research call that crime of doubting .

Page 47: Procedure criminal procedure criminal procedure law

Chapter:Coercive Measures

Page 48: Procedure criminal procedure criminal procedure law

Coercive Measures

• Definition

• Subpoena

• Bail

• Under Surveillance

• Detention

• Arrest

Page 49: Procedure criminal procedure criminal procedure law

Concept of Coercive Measures

• Coercive Measures of Criminal Procedure:Police office , people's procuratorate and the people's court, in order to struggle with criminal offence effectively, guarantee to investigate, the harmony of prosecuting and administration of justice, what adopt to the suspect , defendant deprives or limits the mandatory method and means of its freedom of person temporarily in accordance with the law .

Page 50: Procedure criminal procedure criminal procedure law

Distinguish of Coercive Measures and Penalty

• Purposes are different :the purpose to use compulsory measure is mainly for preventing the defendant , suspect from running away, acting in collusion to make each other's confessions tally, destroying, forging the evidence or continuing the crime, guarantee the harmony of criminal suit; And the purpose of suitable penalty, mainly prevent the emergence of criminal offence for punishing and transforming criminals.

• Targets are different :The target with suitable compulsory measure is defendant , suspect; And the suitable target of penalty is to sentence guilty crime people.

• Organs implemented are different :the organ having the right to take the compulsory measure is public security organ , people's procuratorate and people's court; And have the right the organ of suitable penalty can only be the people's court.

• Legal consequences are different :he compulsory measure is adopted according to the criminal procedure law, the principle of suitable presumption of innocence of the person of the compulsory measure to adopting, if not sentenced penalty by the people's court , can't think he has previous conviction a mislead ; And penalty is made according to criminal law, after penalty finishes, the person that he is considered to have previous conviction in the society.

Page 51: Procedure criminal procedure criminal procedure law

Distinguish of Coercive Measures and Administrative Penalty

• Nature is different :compulsory measure for guarantee harmony of criminal suit, mandatory and method of taking precautions against etc. that adopt at contentious procedure; And administrative penalty is to a kind of punishment adopted of person who violates the administrative statute.

• Organs used are different :the compulsory measure can only be used by public security organ , people's procuratorate and people's court; And administrative penalty can only be used by relevant administrative organs

• Legal bases are different :the compulsory measure should be according to the relevant legal provisions of the criminal procedure law; And administrative penalty, according to relevant administrative statutes or rules.

• Legal consequences are different:the compulsory measure has changeability , the nature not punished ; And the decision on administrative sanctions has administrative penalty nature and relative stability, can't alter unless under due course of law.

Page 52: Procedure criminal procedure criminal procedure law

Distinguish of Coercive Measures among Criminal suit 、 Civil

action and Administrative litigation • Suitable targets are different :the compulsory measure of criminal suit can only be suitable for the defendants ,

suspects in criminal suit, they are all in the position charged, is the lawsuit party; Civil action, administrative litigation compulsory measure are not merely suitable for the original , defendant , and is suitable for participating in people in witnesses and other lawsuits.

• The organ had the right to adopt is not self-same :the compulsory measure of criminal suit can speaking from the whole be exercised by three organs in common , examines , France; And civil action, administrative litigation compulsory measure can only be used in accordance with the law by the people's court.

• Suitable conditions are different :the criminal procedure law different to various kinds of compulsory measure regulations is applicable to the terms, but only the defendant , suspect may impair criminal suit to go on or endanger the behavior of the society smoothly , can take compulsory measure to it according to different situations ; And civil action, administrative litigation compulsory measure are only after one citizen has implemented the behavior of impairing civil action or administrative litigation on purpose, the people's court could adopt it .

• The kind is different.:there are five kinds of compulsory measures of criminal suit, namely arrest and spread , recognize , monitor living , detain and arrest; There are five kinds of compulsory measures of civil action too: Arrest and spread , admonish , order to withdraw from the court , fine and detain ; There are four kinds of compulsory measures of administrative litigation: Admonish , order to sign an undertaking to repent , fine and detain .

Page 53: Procedure criminal procedure criminal procedure law

Subpoena

• Police office , people's procuratorate or people's court reach to appoint the place to accept the method to interrogate by force in there are no suspect , defendant that detain , arresting, it is the slightest one in compulsory measure.

Page 54: Procedure criminal procedure criminal procedure law

Bail

• People's court , people's procuratorate and police office order the suspect , defendant to offer guarantors or pay the earnest money and provide the warranty in accordance with the law, guarantee it does not escape or hinder a kind of compulsory measure of investigating , prosecuting , trying and spreading arriving at the same time at the same time from .

Page 55: Procedure criminal procedure criminal procedure law

Under Surveillance

• People's court , people's procuratorate , for prevent suspect , defendant escape or hinder investigate , prosecute or harmony that try from police office, can't leave the accommodation or the designated dwelling to order in accordance with the law without authorization, and a kind of compulsory measure monitored to its action. Monitor the condition inhabitted and is essentially identical with recognizance suitably .

Page 56: Procedure criminal procedure criminal procedure law

Under Surveillance

• To suspect , defendant qualified to monitor and inhabit, people's court , people's procuratorate and public security organ all have the right to make the decision to monitor and inhabit. The judicial authority takes and monitors the compulsory measure inhabitted, must make the decision first , make and monitor and inhabit the decision book. Monitor and inhabit and carry out in accordance with the law by the public security organ. Monitoring and living and restricting for a long most time can't exceed 6 months , can't cut off the investigation of the case , prosecute and trying during monitoring and living. As to the thing that should not investigate criminal responsibility or monitor and inhabit expiration of time limit , should remove and monitor living in time .

Page 57: Procedure criminal procedure criminal procedure law

Detention

• Police office, people's procuratorate, to the criminal caught in the act or great suspect, in a kind of compulsory measure of depriving its freedom of person temporarily taken that if there is legal emergency .

Page 58: Procedure criminal procedure criminal procedure law

Detention in advance

• Discovered immediately after preparing the crime, implementing the crime or the crime;

• Injured party or the person that witnesses present mean that recognizes his crime;

• Or find the one with a crime evidence in the residence at one's side;

• Attempt to commit suicide after the crime, runs away or at large one;

• Is it destroy , forge evidence or act in collusion to make each other's confessions tally not possible to have;

• Do not speak true name , address , clueless;

• Great suspicion that flee hither and thither and commit a crime , commit a crime , gang and commit a crime many times

Page 59: Procedure criminal procedure criminal procedure law

Arrest

• People's court , people's procuratorate , police office, for prevent suspect or defendant from escape or hinder from investigate , prosecute and try not to go on, the society is dangerous to prevent it from occurring, the ones that adopted deprived its freedom of person temporarily in accordance with the law, compulsory measure detained. Arrest is the most severe one in all compulsory measures.

Page 60: Procedure criminal procedure criminal procedure law

Condition of arrest

• The evidence proves that there are crime facts;

• May sentence the above penalty of the sentence ;

• It is essential to arrest, namely the method of taking the recognizance , monitoring inhabitting etc. is still not enough to prevent society's dangerous emergence.

Page 61: Procedure criminal procedure criminal procedure law

Section five Procedure of Criminal Procedure

Page 62: Procedure criminal procedure criminal procedure law

Main Knowledge:

• Filing a case• Investigation• Prosecution• Procedure of First Instance• Procedure of Second Instance• Procedure for Review of Death Sentences• Procedure for Trial Supervision• Execution

Page 63: Procedure criminal procedure criminal procedure law

Definition of Filing a Case

• Filing a case is the first stage of criminal procedure

• Concept : After the public office , the people's procuratorates and the people's court examine material of charging , informing against or giving oneself up etc., they think that really there is a crime fact and need to investigate the actor's criminal responsibility, and determine to carry on a kind of lawsuit activity that is investigated or trying as the criminal case .

• The Source of the Material of Filing a Case– the public office and the people's procuratorates——direct finding

– units and individuals ( vicims ) —— Report a case , charge , report

– suspects——giving oneself up

Page 64: Procedure criminal procedure criminal procedure law

The Condition of Filing a Case

• Crime fact

• Criminal responsibility

Page 65: Procedure criminal procedure criminal procedure law

The procedecure of filing a case

the public office the people's

procuratorates and the people's court

Having no right of

jurisdiction

accepting

( Taking emergency measures )

Transfering to the competent authority

examiningFiling a case

Not filing a case

Page 66: Procedure criminal procedure criminal procedure law

Supervision of Filing a Case

the people's procuratorates

The pulic office should file a case but they do not

file the file

victims

Require the public office explaine

the reason of not filing the case

( Private case )Direct prosecution

Tell them to file the case

The people’procuratorates think

the reason of not filing the case is not true

Page 67: Procedure criminal procedure criminal procedure law

The concept of investigation

• Investigation means the public office , the people's procuratorates in the course of handling the case , carry on special investigation and relevant mandatory measures according to the law. 。

• Principals : Rapidly in time, objective and overall, rule by law , keep the secret of investigation , special organ combine with masses to guard to observing.

Page 68: Procedure criminal procedure criminal procedure law

Action of Investigation

• Interrogation of criminal suspects• Questioning of witness and victims• Inquest and examination• Search• Seizure of material evidence and documentary evi

dence• Expert evaluation• Wanted orders

Page 69: Procedure criminal procedure criminal procedure law

Interrogation of Criminal Suspects

• Time that the suspect engages the lawyer : After the Investigate organ first query or from the day in taking compulsory measure.

Page 70: Procedure criminal procedure criminal procedure law

Inquest and Examination

• Can check by force

• The public office has the right to determine to dissect the corpse with unidentified cause of the death.

• Examination experiment

Page 71: Procedure criminal procedure criminal procedure law

The Coroner Reconnoitres the bag live

Page 72: Procedure criminal procedure criminal procedure law

Examination Experiment

• http://v.tfol.com/html/life/1779/index.shtml

Page 73: Procedure criminal procedure criminal procedure law

Search

• In emergency condition do not use the document of search

• The police show the document of search to the suspect

Page 74: Procedure criminal procedure criminal procedure law

Seizure of Material Evidence and Documentary Evidence

• Article , file related to case

• Detain the mail , telegram

• Inquire and freeze the deposit and remittance

Page 75: Procedure criminal procedure criminal procedure law

Expert evaluation

• Selection of experts : appoint , engage

• Medical verification in bodily injury have dispute need determine again or medical verification of the mental diseases , the hospital appointed by the provincial people's government goes on

Page 76: Procedure criminal procedure criminal procedure law

Nanjing coroner evaluation center

Page 77: Procedure criminal procedure criminal procedure law

Wanted Orders

• The only releasing organ : the police office

• Order for arrest of the Police Ministry : Put 380,000 yuan on someone's head and order to arrest five major drug-pedlars publicly

http://news.sina.com.cn/c/2004-11-24/11114332992s.shtml

Page 78: Procedure criminal procedure criminal procedure law

Termination of investigation

The police office

The people’sprocuratorates

The crime fact has already been investigated

The evidence is really abundant The legal

procedure is complete

Transfer to trial

Cancel the case

prosecute

Not prosecute

Page 79: Procedure criminal procedure criminal procedure law

Supplemental Investigation

• The people's procuratorate examines the case , for needing investigating supplementarily, can return the public security organ to supplement and investigate , can investigate by oneself too. To the supplementary case that investigates , should finish investigating within one month . Do not investigate supplementarily in order to exceed twice the people's procuratorate examines the case , for needing the supplementary case that investigates , can return the public security organ to investigate supplementarily , can investigate by oneself too 。 To the supplementary case that investigates , should finish investigating within one month . Do not investigate supplementarily in order to exceed twice.

Page 80: Procedure criminal procedure criminal procedure law

Prosecution

• Public prosecution --People's procuratorate

• Private prosecution --Injured party or his legal representative

Page 81: Procedure criminal procedure criminal procedure law

To Examine File for Prosecution

• Subject : People's procuratorate • Content : Crime fact, the evidence, crime nature a

nd charge ; Leak the crime , omit suspects; Criminal responsibility; Supplementary civil action in criminal proceedings; Legitimacy of investigation.

• Time limit : Making the decision within one month, great , complicated case , can lengthen two weeks .

Page 82: Procedure criminal procedure criminal procedure law

To Transfer Case to Court

• The fact knowing

• The evidence is certain , abundant

• Should investigate criminal responsibility

Page 83: Procedure criminal procedure criminal procedure law

Non-prosecution

• Legal effect ( prosecutes stage ) of the lawsuit that end

• Do not prosecute legally

• Consider and does not prosecute

• Leave a question open and does not prosecute

Page 84: Procedure criminal procedure criminal procedure law

Trial

• Trial on Public Prosecution

• Trial on Private Prosecution

• Streamlined Prosecution

Page 85: Procedure criminal procedure criminal procedure law

Trial on Public Prosecution

Court trial

Appraise through discussion and pronounce

Open a court session and prepare

One month after accepting It is the one and a half months

longest

Confirm , the collegiate bench Opening a court session 10 days ago, sent, defendant Opening a court session 10 days ago, sent, defendant

3 days before opening a court session, time , place of opening a court session,

people's procuratorate

open a court session

court investigation key link

debate

the defendant states finally must pass

Page 86: Procedure criminal procedure criminal procedure law

Court's trial record

• Case about MaJiajue

• http://news.sina.com.cn/c/2004-11-24/11114332992s.shtml

• Case about LiuXiaoqing

• http://ent.sina.com.cn/s/m/2003-12-13/1331252743.html

Page 87: Procedure criminal procedure criminal procedure law

Trial on Private Prosecution

• Characteristic: Summary procedure, no matter trial alone; Mediate suitably ; Countercharge

Page 88: Procedure criminal procedure criminal procedure law

Streamlined Prosecution

• Characteristic: Simple and easy

• Trial time limit : Conclude in 20 days after accepting

• Can turn into the ordinary procedure of the trial

Page 89: Procedure criminal procedure criminal procedure law

the Case of Private Prosecution is Compared with

the Range of the Streamlined Procedure Case of private prosecution Streamlined Procedure

Charge the case that is just dealt with Charge the case that is just dealt with

The injured party has slight criminal case that the evidence proves

The injured party has slight criminal case that the evidence proves

The injured party has evidences to prove that should investigate criminal responsibility to the behavior that the defendant infringes one's own rights of the person , property right in accordance with the law, and the case of defendant's criminal responsibility that public security organ or the people's procuratorate let the matter pass.

Fixed-term imprisonment , detention to sentencing for three years in accordance with the law , controlling , punishing the gold case of public charge only, the fact is known . The evidence is abundant, the people's procuratorate proposes or agrees to be applicable to the summary procedure.

Not suitable: Defendant of case of public charge deny for crime fact accused to prosecute; More complicated common crime case; The defendant is blind , deaf , mute people's; The defender pleaded innocently; Other situations not suitable .

Page 90: Procedure criminal procedure criminal procedure law

Appeal

• Appeal ——party beyond the injured party and his legal representative

• Protest ——people's procuratorates at all levels • Judgment——10days• Ruling——5days• Principle : Examine the principle in an all-round

way &No additional punishment imposed upon the convicted

• Try time limit : In one month, do not exceed 1 and a half month 。

Page 91: Procedure criminal procedure criminal procedure law

The Protesting of The Procuratorate

This grade of people's court

People's procuratorate of higher level

the people's procuratorates at all levels think

this grade of people's court

Judgement or adjudication of the trial

really have a mistake

People's court of higher level

Page 92: Procedure criminal procedure criminal procedure law

Appeal \Protest Case Treatment after Trail

assert the fact

is correct

apply law is correct

the measurement

of penalty is correct

keep original

judgment

assert the fact is correct

apply law is wrongor the

measurement of penalty is correct

change the original judgment

in accordance with the law

Withdraw the original judgment

Send back and rehear

violate the legal

contentious procedure

Page 93: Procedure criminal procedure criminal procedure law

Death Penalty Review

• Apply : death penalty is execution immediately and execution suspended sentence of death penalty two-year

• Each capital case must pass the procedure

• The judge three people make up the collegiate bench

Page 94: Procedure criminal procedure criminal procedure law

Reviewing Authority of The Supreme People's Court

intermediate people's courtcapital case of trail

The Supreme People's Court

trail and appealcapital case

Death penalty

The Supreme People's Court

Page 95: Procedure criminal procedure criminal procedure law

Reviewing Authority of Higher People's Court

Case sentenced to death because of killing , rape , robing , explode

and other and endangering public security and social security seriously

Get the province and autonomous region of mandate, directly under the jurisdiction

of the municipal higher people's court and PLA man's military court

Intermediate people's court execution suspended sentence

of death penalty two-year

Higher People's Court

Page 96: Procedure criminal procedure criminal procedure law

Supervision ProceedingSubject Party Legal

representative Close relative

court People's procuratorate

The way of

initiation

appeal President Judgement of our institute the committee of trail

最高检察院各级法院

抗诉

Supreme Court the most People's

court of higher level

Subordinate people's court

Bring before the court The order

reviewing

Procuratorate of higher level Subordinate people's court Prot

est

Page 97: Procedure criminal procedure criminal procedure law

LiuYong's case reviews the court's trial record

• http://news.sina.com.cn/c/2003-12-22/13582438751.shtml

Page 98: Procedure criminal procedure criminal procedure law

Execution

court

death penalty is carried out immediately

fine

Expropriation

监狱

Fixed-term imprisonment

Life imprisonment

execution suspended sentence of death penalty two-year

Police office Control, detention ,

depriving of political rights

Page 99: Procedure criminal procedure criminal procedure law

Death penalty is executed (execute by shooting)

Page 100: Procedure criminal procedure criminal procedure law

Executeing The Sentence out of Prison Temporarily

• The criminal of sentencing to fixed-term imprisonment or detention had serious disease that needs to be released on bail for medical treatment

• Pregnant• Nursing one's own baby's women• The public security organ in the residence carries

out

Page 101: Procedure criminal procedure criminal procedure law
Page 102: Procedure criminal procedure criminal procedure law
Page 103: Procedure criminal procedure criminal procedure law
Page 104: Procedure criminal procedure criminal procedure law
Page 105: Procedure criminal procedure criminal procedure law
Page 106: Procedure criminal procedure criminal procedure law
Page 107: Procedure criminal procedure criminal procedure law