CRIMINAL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, and amended for the first time in according with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996, and amended for the second time in according with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Fifth Session of the 11th National People's Congress of the People's Republic of China on March 14, 2012) Contents Part One: General Provisions Chapter I: Aim and Basic Principles Chapter II: Jurisdiction Chapter III: Withdrawal Chapter IV: Defence and Representation Chapter V: Evidence Chapter VI: Compulsory Measures Chapter VII: Incidental Civil Actions Chapter VIII: Time Periods and Service Chapter IX: Other Provisions Part Two: Filing a Case, Investigation, and Initiation of Public Prosecution Chapter I: Filing a Case Chapter II: Investigation Section 1: General Provisions Section 2: Interrogation of the Criminal Suspect Section 3: Questioning of the Witnesses Section 4: Inquest and Examination Section 5: Search Section 6: Seal-up and Seizure of Material Evidence and Documentary Evidence Section 7: Expert Evaluation Section 8: Technical Investigation Measures Section 9: Wanted Orders Section 10: Conclusion of Investigation Section 11: Investigation of Cases Directly Accepted by the People's Procuratorates Chapter III: Initiation of Public Prosecution Part Three: Trial Chapter I: Trial Organizations Chapter II: Procedure of First Instance Section 1: Cases of Public Prosecution Section 2: Cases of Private Prosecution Section 3: Summary Procedure Chapter III: Procedure of Second Instance Chapter IV: Procedure for Review of Death Sentences Chapter V: Procedure for Trial Supervision Part Four: Execution Part Five: Special Procedures Chapter 1 Procedures for Criminal Cases Committed by Minors Chapter 2 Procedures for Reconciliation Between Parties Concerned in Cases of Public Prosecution Chapter 3 Procedures for Confiscating Illegal Gains in Cases Where the Criminal Suspect or Defendant Has Absconded or Died Chapter 4 Procedures for Compulsory Medical Treatment for Mentally Ill Persons who Are not Held Criminal Responsible Supplementary Provisions Part One: General Provisions Chapter I: Aim and Basic Principles Article 1 This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing crimes, protecting the people, safeguarding State and public security and maintaining socialist public order. Article 2 The purposes of the Criminal Procedure Law of the People’s Republic of China are as follows: to ensure that the facts of crimes are ascertained in an accurate and timely manner, that the law is correctly applied, that criminals are punished and innocent people are protected from criminal prosecution, and that citizens are educated to abide by the law and vigorously fight against criminal acts, so as to maintain the socialist legal system, respect and protect human rights, safeguard citizens’ personal rights, property rights, democratic rights and other rights, and ensure the smooth progress of the socialist cause. Article 3 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 powers. In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs must strictly observe this Law and any relevant stipulations of other laws. Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions and powers as the public security organs.
Article 5 The People's Courts shall exercise judicial power independently in accordance with law and the People's Procuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public organization or individual. Article 6 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs must rely on the masses, base themselves on facts and take law as the criterion. The law applies equally to all citizens and no privilege whatsoever is permissible before law. Article 7 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs shall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of law.
Article 8 The People's Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings. Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People's Courts, the People's Procuratorates and the public security organs shall provide translations for any party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality. Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality.
Article 10 In trying cases, the People's Courts shall apply the system whereby the second instance is final. Article 11 Cases in the People's Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall have the right to defence, and the People's Courts shall have the duty to guarantee his defence. Article 12 No person shall be found guilty without being judged as such by a People's Court according to law.
Article 13 In trying cases, the People's Courts shall apply the system of people's assessors taking part in trials in accordance with this Law. Article 14 People’s courts, people’s procuratorates and public security organs shall safeguard the right of defense and other litigation rights to which criminal suspects, defendants and other participants in litigation proceedings are entitled. Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe on their citizen's procedural rights or subject their persons to indignities. Article 15 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: (1) if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime; (2) if the limitation period for criminal prosecution has expired; (3) if an exemption of criminal punishment has been granted in a special amnesty decree; (4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn; (5) if the criminal suspect or defendant is deceased; or (6) if other laws provide an exemption from investigation of criminal responsibility.
Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated. If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels. Article 17 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. Chapter II: Jurisdiction Article 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.
Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations of a citizen's personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal search and crimes involving infringement of a citizen's democratic rights -- committed by State functionaries by taking advantage of their functions and powers -- shall be placed on file for investigation by the People's Procuratorates. 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 level. Cases of private prosecution shall be handled directly by the People's Courts. Article 19 The Primary People's Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases which fall under the jurisdiction of the People's Courts at higher levels as stipulated by this Law shall be exceptions.
Article 20 Intermediate people's courts shall have the jurisdiction as courts of first instance over the following criminal cases: (1) Cases endangering State security or involving terrorist activities; and (2) Cases of crimes punishable by life imprisonment or capital punishment. Article 21 The Higher People's Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province(or autonomous region, or municipality directly under the Central Government). Article 22 The Supreme People's Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation. Article 23 When necessary, People's Courts at higher levels may try criminal cases over which People's Courts at lower levels have jurisdiction as courts of first instance; If a People's Court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by a People's Court at a higher level, it may request that the case be transferred to the People's Court at the next higher level for trial.
Article 24 A criminal case shall be under the jurisdiction of the People's Court in the place where the crime was committed. If it is more appropriate for the case to be tried by the People's Court in the place where the defendant resides, then that court may have jurisdiction over the case. Article 25 When two or more People's Courts at the same level have jurisdiction over a case, it shall be tried by the People's Court that first accepted it. When necessary the case may be transferred for trial to the People's Court in the principal place where the crime was committed.
Article 26 A People's Court at a higher level may instruct a People's Court at a lower level to try a case over which jurisdiction is unclear and may also instruct a People's Court at a lower level to transfer the case to another People's Court for trial. Article 27 The jurisdiction over cases in special People's Courts shall be stipulated separately. Chapter III: Withdrawal Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal: (1) if he is a party or a close relative of a party to the case; (2) if he or a close relative of his has an interest in the case; (3) if he has served as a witness, expert witness, defender or agent ad litem in the current case ; or (4) if he has any other relations with a party to the case that could affect the impartial handling of the case. Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the parties.
Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility.