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Interpretation of the Supreme People¡¯s Court Concerning the Implementation of the Criminal Procedure Law of the People¡¯s Republic of China
[2015-05-03]

Interpretation of the Supreme People¡¯s Court Concerning the Implementation of the Criminal Procedure Law of the People¡¯s Republic of China

 

The Interpretation of the Supreme People¡¯s Court Concerning the Implementation of the Criminal Procedure Law of the People¡¯s Republic of China, as adopted at the 1,559th session of the Judicial Committee of the Supreme People's Court on November 5, 2012, is hereby issued and shall come into force on January 1, 2013.

The Supreme People¡¯s Court

December 20, 2012

(Adopted at the 1559th session of the Judicial Committee of the Supreme People's Court on November 5, 2012)

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Table of Contents

Chapter 1 Jurisdiction

Chapter 2 Recusal

Chapter 3 Defense and Representation

Chapter 4 Evidence

Section One ¡¡General Provisions

Section Two ¡¡Examination and Determination of Physical and Documentary Evidence

Section Three ¡¡Examination and Determination of Witness Testimony and Victim Statements

Section Four ¡¡Examination and Determination of Defendant Confessions and Explanations

Section Five ¡¡Examination and Determination of Forensic Analyst Opinions

Section Six ¡¡Examination and Determination of Crime Scene Investigation, Inspection, Identification, Investigative testing, and Other Reports

Section Seven ¡¡Examination and Determination of Audio-Visual Materials and Electronic Data

Section Eight ¡¡Exclusion of Illegally Obtained Evidence

Section Nine ¡¡Comprehensive Examination and Application of Evidence

Chapter 5 Compulsory Measures

Chapter 6 Collateral Civil Actions

Chapter 7 Time Periods, Service of Process and Maximum Time Allowed for Trial

Chapter 8 Adjudicative Decision-making Bodies

Chapter 9 Trial Procedure - First Instance Public Prosecution

Section One ¡¡Case Acceptance and Pretrial Preparation

Section Two ¡¡Announcement of the Court Hearing and Court Investigation

Section Three ¡¡Court Debate and Conclusive Statement

Section Four ¡¡Deliberation and Announcement of Judgment

Section Five ¡¡Discipline and Other Rules

Chapter 10 Trial Procedure in Private Prosecution Cases

Chapter 11 Trial of Cases Involving Unit Crimes

Chapter 12 Simplified Procedure

Chapter 13 Procedures for Second Instance

Chapter 14 Procedure for Approval of Below-Statutory-Minimum Sentences and Parole under Special Circumstances

Chapter 15 Death Penalty Review Procedure

Chapter 16 Sealing, Seizing and Freezing of Property and its Processing

Chapter 17 Adjudication Supervision Procedure

Chapter 18 Adjudication and Judicial Assistance in Criminal Cases Involving Foreign Jurisdictional Issues

Chapter 19 Procedures for the Imposition of Sentences

Section One ¡¡Implementation of the Death Penalty

Section Two ¡¡Surrender for Service of Sentences to the Death Penalty with Reprieve, Life Imprisonment, Fixed-Term Imprisonment and Short-Term Imprisonment

Section Three ¡¡Surrender for Service of Sentences to Controlled Release, Suspended Sentence, and Deprivation of Political Rights

Section Four ¡¡Enforcement of Property-related Penalties and

Collateral Civil Judgments

Section Five ¡¡Adjudication of Sentence Reduction and Release on Parole

Section Six ¡¡Revocation of Release on Probation or Parole

Chapter 20 Adjudication Procedures for Juvenile Criminal Cases

Section One ¡¡General Provisions

Section Two ¡¡Trial Preparation

Section Three ¡¡Trial

Section Four ¡¡Enforcement

Chapter 21 Procedure for Public Prosecutions Where There is a Criminal Reconciliation between the Parties to the Case

Chapter 22 Procedure for the Confiscation of Illegal Income in Cases Involving the Escape or Death of a Criminal Suspect or Defendant

Chapter 23 Procedures for Compulsory Treatment of Mentally Ill Persons Not Bearing Criminal Responsibility in Accordance with Law

Chapter 24 Supplementary Provisions

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The Decision of the National People's Congress on Amending the Criminal Procedure Law of the People's Republic of China was adopted at the 5th session of the Eleventh National People's Congress of the People's Republic of China on March 14, 2012. For the purpose of property interpreting and applying the revised Criminal Procedure Law, and in light of judicial practice, this Interpretation is formulated as follows.

Chapter 1 Jurisdiction

Article 1 Private prosecution cases that people's courts shall hear directly include:

(1) Cases accepted only upon the filing of a complaint:

1. cases of defamation or libel (stipulated by Article 246 of the Criminal Law, except for cases that involve serious injury to social order or state interests);

2. cases of forcible interference with freedom of marriage (stipulated by Article 257, paragraph 1 of the Criminal Law);

3. cases of abuse (stipulated by Article 260 of the Criminal Law);

4. cases of embezzlement (stipulated by Article 270 of the Criminal Law).

(2) cases of slight criminality that the People's Procuratorate has not prosecuted, but for which a victim has evidence proving a crime:

1. cases of intentional injury (stipulated by Article 234, paragraph 1 of the Criminal Law);

2. cases of unlawful trespass (stipulated by Article 245 of the Criminal Law);

3. cases of interference with the freedom to communicate (stipulated by Article 252 of the Criminal Law);

4. cases of bigamy (stipulated by Article 258 of the Criminal Law);

5. cases of abandonment (stipulated by Article 261 of the Criminal Law);

6. cases involving the production or sale of fake goods, or those of inferior quality (stipulated by Chapter 3, Section One of the special provisions of the Criminal Law, except for cases that involve serious injury to social order or state interests);

7. cases involving the infringement of intellectual property (stipulated by Section 7, Chapter 3 of the special provisions of the Criminal Law, except for cases that involve serious injury to social order or state interests);

8. cases stipulated by chapters four and five of the special provisions of the Criminal Law in which the possible punishment is a prison term carrying a maximum length of less than three years.

People's courts shall accept and hear, in accordance with the law, cases stipulated by these provisions in which the victim directly files a complaint with the people's court. If the evidence for those cases is insufficient, the cases can be accepted by a public security organ, and, if it is thought that the possible maximum sentence could exceed three years, the court shall either inform the victim to report the complaint to a public security organ or remove the case to the public security organ in order to open an investigation.

(3) cases in which the victim has evidence proving that the accused violated the victim's personal or property rights, where such behavior shall be investigated for criminal responsibility according to the law, and in which there is evidence proving that a charge has been filed, but in which the public security organ or people's procuratorate have refused to investigate into criminal responsibility.

Article 2 The location of a crime includes both the place where the conduct of the crime occurred and the place where the results of that conduct occurred.

For crimes aimed at or utilizing a computer network, the location of the crime includes the location of the network server of the website through which the conduct of the crime occurred, the location of the internet connection, the location of the website's manager or builder, the location of the attacked computer information system and its manager, the location of the victim's or injured party's computer information system, and the place where the injured party suffered material loss.

Article 3 The place of household registration of an accused person is that person's domicile. If the regular or habitual residence of the accused is not the same as his or her registered permanent residence, his or her regular or habitual residence is considered to be his or her domicile. The habitual residence of the accused is the place where he or she has continuously resided for more than one year prior to the investigation, not including hospitalization.

The registered location for an accused corporate entity or organization is considered to be that corporate entity's or organization's domicile. If the corporate entity's principal place of business or principal place of business administration are not the same as its registered location, its principal place of business or business administration is considered to be its domicile.

Article 4 For all crimes occurring on Chinese vessels operating in waters outside the territory of the People's Republic of China, the people's court located in the first Chinese port at which the vessel docks has jurisdiction.

Article 5 For all crimes occurring on Chinese aircraft operating outside the territory of the People's Republic of China, the people's court located where the aircraft first lands within China has jurisdiction.

Article 6 Jurisdiction for all crimes committed on international trains will be determined on the basis of signed agreements between the People's Republic of China and related countries; if no agreement exists, the railway transportation court located at the station within China where the train first stops, or at that train's destination, has jurisdiction over such crimes.

Article 7 For all crimes committed by Chinese citizens in Embassies or Consulates of the People's Republic of China, the people's court located at the site of the responsible authority, or at the original location of household registration of the accused, has jurisdiction.

Article 8 For crimes committed by Chinese citizens outside of the territory of the People's Republic of China, the people's court located at the accused citizen's place of re-entry into China, or where the citizen was domiciled prior to leaving China, has jurisdiction; if the injured party is a Chinese citizen, the people's court located where the injured party was domiciled prior to leaving China may also have jurisdiction.

Article 9 For crimes committed by foreigners against the People's Republic of China or its citizens outside of the territory of the People's Republic of China, when those crimes must be punished according to the Criminal Law of the People¡¯s Republic of China, the people's court located where the foreigner resides after his or her entry into China, or where the injured Chinese citizen was domiciled prior to leaving China, has jurisdiction.

Article 10 For crimes governed by international treaties either concluded or acceded to by the People's Republic of China, and over which the People's Republic of China exercises jurisdiction within the scope of carrying out its obligations pursuant to such treaties, the people's court where a defendant was apprehended has jurisdiction.

Article 11 If an inmate currently serving a criminal sentence has another pending criminal case in which no verdict has yet been reached, the people's court that adjudicated the original case has jurisdiction; if it is more appropriate for the people's court located where the inmate is serving the sentence or where the crime or crimes occurred to hear the case, those courts may have jurisdiction.

If an inmate commits a crime while serving a sentence, the people's court located where the inmate is serving the sentence has jurisdiction.

If a criminal commits a crime after having escaped from prison while serving a sentence, the people's court located where the criminal was serving the sentence has jurisdiction. However, if the criminal is apprehended or discovered to have escaped while committing a crime, the people's court located where that crime was committed has jurisdiction.

Article 12 If the people's procuratorate believes that the possible sentence in a case could be life imprisonment or death, it shall initiate the public prosecution in an intermediate people¡¯s court; if, after accepting the case, the intermediate people¡¯s court believes that sentences of life imprisonment or death are unnecessary, that court must none the less try the case in accordance with the law and not transfer the case to a basic people's court.

Article 13 For cases involving one person who commits multiple crimes, or for crimes jointly committed by multiple people, and for cases that must otherwise be heard together, if one person or one crime falls within the jurisdiction of the high people's court, the high people¡¯s court has jurisdiction over the entire case.

Article 14 If a high people's court decides to hear a criminal case as a court of first instance over which a lower court has jurisdiction, the high court must send a change of jurisdiction decision notice to the lower court, and send written notice to the people's procuratorate at the corresponding level.

Article 15 Basic people's courts must transfer all first-instance criminal cases in which life imprisonment or death are possible sentences to an intermediate people's court.

Basic people's courts may request transfer to an intermediate people's court for adjudication the following first instance cases:

(1) Large or complex cases;

(2) Novel types of difficult cases;

(3) Cases that bear significance in providing general guidance for the application of law.

If it is necessary that a case be transferred to an intermediate people¡¯s court, a request for transfer must be made in writing, after a request for a decision has been submitted to the court's president, but no later than fifteen days prior to the expiration of the time period in which the case must be adjudicated. The intermediate people¡¯s court must make its decision within ten days after receiving the application. If a transfer is not accepted, written notice of the decision not to accept the transfer must be delivered to the court that originally requested transfer, and the court that requested transfer will adjudicate the case in accordance with the law; if a transfer is accepted, written notice of the decision agreeing to the transfer must be delivered to the court that requested transfer, and the people's procuratorate at the corresponding level shall be sent written notification.

Article 16 If it would be inappropriate for a people¡¯s court that has jurisdictional authority over a case to exercise that jurisdiction, due to reasons such as the need for the court president to recuse himself from the case, it may be requested that the case be transferred to the people¡¯s court one level above with jurisdiction over the case. The people¡¯s court one level above may exercise jurisdiction over the case, or it may assign jurisdiction over the case to another court at the same level as the court that requested transfer.

Article 17 If more than two people¡¯s courts of the same level have jurisdiction over a case, that case shall be adjudicated by the first court that accepted the case. When necessary, the case may be transferred to the people¡¯s court located in the principal location where the defendant committed the crime.

If a dispute over jurisdiction occurs, a resolution shall be agreed to within

the time period allowed for the adjudication of the case. If such an agreement cannot be reached, the courts with conflicting jurisdictional claims shall report the matter up the court hierarchy to a shared higher court, which will then determine jurisdiction.

Article 18 A higher people's court may, when necessary, designate that a lower people's court transfer a case within its jurisdiction to another lower people¡¯s court for adjudication.

Article 19 A higher people's court that assigns jurisdiction must serve official notice of its decision to assign jurisdiction separately to the lower court to which jurisdiction has been assigned, and to other relevant people's courts.

Article 20 If a court that originally accepted a case receives from a higher court notification of either a decision to change jurisdiction, a decision accepting transfer, or a decision to assign jurisdiction to another court at the same level as it, in cases of public prosecution the original court must send written notice to the people¡¯s procuratorate at the corresponding level, return the materials in the case file, and at the same time send written notice to the parties; in cases of private prosecution, the court must deliver the case file materials to the people¡¯s court that has been assigned jurisdiction and send written notification to the parties.

Article 21 When a second instance people¡¯s court remands a case for retrial, after the people's procuratorate withdraws the prosecution, if the procuratorate initiates a new prosecution in a people¡¯s court at a lower level than the original first instance people¡¯s court, that lower court must report the relevant circumstances up the court hierarchy to the original second instance people¡¯s court. The original second instance people¡¯s court may decide, on the basis of the specific circumstances, to transfer the case either to the original first instance people¡¯s court or to another p people's court for adjudication.

Article 22 In criminal cases in which the army and local court have overlapping jurisdiction, the determination of jurisdiction shall be made in accordance with relevant regulations.

Chapter 2 Recusal

Article 23 If any one of the following circumstances exists with respect to adjudication personnel, they shall voluntarily recuse themselves, and the parties and their agents ad litem have the right to apply for their recusal:

(1) he or she is a party to the present case or is an immediate family member of a party in the present case;

(2) the person himself or herself, or his or her immediate family member has an interest in the case;

(3) he or she has been a witness, forensic analyst, defense advocate, litigation advocate, or translator in the present case;

(4) he or she is a close relative of the defense advocate or litigation advocate in the present case;

(5) he or she has any other type of close relationship with the parties in the present case that might affect the impartiality of the adjudication.

Article 24 If, in violation of the law, adjudication personnel engage in any one of the following behaviors, the parties or their agents ad litem have the right to apply for their recusal:

(1) he or she unlawfully visits one of the parties, the defense advocate, or the litigation advocate in the present case;

(2) he or she recommends or introduces to one of the parties in the present case a defense advocate, litigation advocate, or introduces to an attorney or other personnel those persons involved in handling the present case;

(3) he or she extorted or accepted property or other benefit from a party or someone interceding on his behalf in the present case;

(4) he or she accepted an invitation to an expensive meal, or to participate in other activities paid for by a party in the present case or someone interceding on behalf of the party;

(5) he or she borrowed money or goods from a party in the present case or someone interceding on behalf of the party;

(6) he or she engaged in other illegitimate conduct which could affect the impartiality of the adjudication.

Article 25 No investigator or procurator, who participated in the investigation or review for indictment of the present case, after being transferred to work in the people¡¯s court, may act as adjudication personnel in the same case.

A member of a collegial panel or single adjudicator in one adjudication proceeding who participated in the present case¡¯s adjudication must not also participate in the adjudication of other proceedings in the same case. However, in cases that are remanded for re-adjudication, where, after the first instance people¡¯s court issues its ruling, the case begins second instance proceedings again or death penalty review proceedings, members of a collegial panel who participated in the original second instance proceedings or death penalty review proceedings are not subject to the limitations of this provision.

Article 26 The people¡¯s court must notify the parties and their agents ad litem that they have the right to apply for recusal, and provide notice to the parties containing a list of names of the members of their collegial panel, single adjudicator, and court clerk and other personnel.

Article 27 If adjudication personnel voluntarily apply to recuse themselves, or if the parties or their agents ad litem apply for recusal of adjudication personnel, the application may be submitted orally or in writing, must contain a description of the reasons for the application, and will be decided by the court president.

If the court president voluntarily applies to recuse him or herself, or if a party or his or her agent ad litem applies to recuse the court president, the adjudication committee will discuss and decide the matter. When the adjudication committee discusses the matter, the deputy court president will preside over the discussion, and the court president must not participate.

Article 28 In accordance with Article 29 of the Criminal Procedure Law and Article 24 of the present Interpretation, parties and their agents ad litem must provide supporting materials in support of their applications for recusal.

Article 29 If adjudication personnel who must recuse themselves have not done so voluntarily, and the parties and their agents ad litem also have not applied for their recusal, the court president or the adjudication committee must recuse him or her.

Article 30 A people¡¯s court may decide applications for recusal by parties or their agents ad litem orally or in writing, and notify the applicant(s) of its decision.

When an application for recusal by a party or his or her agent ad litem is rejected, upon receipt of the decision, he or she may apply once for reconsideration. Applications for recusal that do not fall within the circumstances provided in Article 28 or Article 29 of the Criminal Procedure Law will be rejected in court, and applicants must not apply for reconsideration.

Article 31 When a party or his or her agent ad litem applies for the recusal of procuratorial personnel appearing in court on behalf of the procuratorate in a case, the people¡¯s court must order an adjournment and notify the people¡¯s procuratorate.

Article 32 Adjudication personnel referred to in this Chapter include the court president of the people¡¯s court, the deputy court president, adjudication committee members, the presiding judge, deputy presiding judge, judges, assistant judges, and people¡¯s jurors.

Article 33 When clerks, translators, and forensic analysts employ provisions related to the recusal of adjudication personnel, the court president will decide the question of their recusal.

Article 34 Defense advocates and litigation advocates may demand recusal and apply for reconsideration, in accordance with the provisions of this Chapter.

Chapter 3 Defense and Representation

Article 35 At trial, the people¡¯s court shall fully guarantee a defendant the right to a defense granted by law.

In addition to defending himself, a defendant may retain a defender. The following persons shall not be retained as defenders:

(1) a person serving a criminal sentence, or while on probation for a suspended sentence or parole;

(2) a person whose personal freedom is deprived of, or restricted in accordance with law;

(3) a person who is not-competent or of limited competency.

(4) a staff member of a people¡¯s court, a people¡¯s procuratorate, a public security organ, a national security department, or a prison;

(5) a people¡¯s juror;

(6) a person with an interest in the outcome of the case;

(7) a foreign national or a stateless person.

Persons under classes four through seven above may serve as defenders, provided that they are a guardian or close relative to a defendant and are retained as a defender by the defendant.

Article 36 Judges and other staff members of a people¡¯s court shall not serve as defenders in the capacity of a lawyer, for two years after leaving their position with the court. Judges and other staff members of a people¡¯s court, after leaving their positions, shall not serve as defenders in a case tried by the same court, except in their capacity as a guardian or a close relative to the defendant.

Spouses, children and parents of judges and other staff members of a people¡¯s court shall not serve as defenders in a case tried in the same court, except in their capacity as a guardian or a close relative to the defendant.

Article 37 The people¡¯s court shall verify the identity of such persons and the power of attorney when the defender retained by a defendant is a lawyer, a person recommended by a people¡¯s organization, the defendant¡¯s employer, the guardian, or a relative or friend to the defendant.

Article 38 A defendant may retain one or two defenders.

The same defender may not represent more than two defendants in one case or more than two defendants in separate cases but where the underlying facts of the facts of the crime are related.

Article 39 A people¡¯s court within three days after accepting a case shall inform a defendant who has not retained a defender of his right to do so; when the defendant¡¯s failure to retain a defender is due to economic hardship or other reasons, the court shall inform the defendant that he may apply for legal aid; if providing legal aid to a defendant is legally required, the court shall inform the defendant that according to the law a legal aid agency will be contacted to assign a lawyer to defend him.

Notice to the defendant may be made in oral or written form.

Article 40 During the trial stage, if a defendant in custody files a request to retain a defender, the people¡¯s court shall, within three days, convey such a request to the guardian, close relatives or other persons designated by the defendant. The defendant shall provide contact information for such persons. Where such persons cannot be notified, the defendant shall be informed accordingly.

Article 41 A people¡¯s court shall, within twenty-four hours of receiving an application for legal aid from a defendant in custody, forward the application to a local legal aid agency.

Article 42 A people¡¯s court shall contact the legal aid agency to assign a lawyer as the defender for a defendant when any of the following circumstances are present, provided that the defendant has not retained his own defender:

(1) A person who is blind, deaf or dumb;

(2) A person suffering from mental illness but who has not completely lost

the ability to identify or control his behavior;

(3) A person who may be sentenced to life imprisonment or death.

In death penalty cases when a defendant has not retained a defender, the higher people¡¯s court reviewing the capital case shall contact a legal aid agency to have a lawyer assigned to represent the defendant.

Article 43 Under any of the following circumstances, a people¡¯s court may contact a legal aid agency to have a lawyer assigned to represent a defendant who has not already retained a defender:

(1) In a case involving joint crimes and other defendants have retained their own defenders;

(2) cases with significant social impact;

(3) cases brought on appeal by a people¡¯s procuratorate;

(4) where defendant¡¯s act may not amount to a crime;

(5) other circumstances that necessitate the assignment of a lawyer as a defender.

Article 44 When a people¡¯s court notifies a legal aid agency to assign a defender to represent the defendant, it shall serve legal aid notification, a copy of the indictment or the judgment upon the legal aid agency; if the court has decided to try a case, except for one under simplified proceedings, the legal materials specified above shall be served fifteen days before the hearing.

The legal aid notification shall specify the cause of action, name of the defendant, reasons for providing legal aid, name and contact information of judge; if it has already been decided that a case will be tried, the notification shall specify the time and place for the hearing.

Article 45 If a defendant refuses to accept the lawyer assigned by a legal aid agency, and insists on defending himself, the people¡¯s court shall give approval.

When providing legal aid is legally required, if the defendant refuses to retain the lawyer assigned to him, the people¡¯s court shall investigate to ascertain the reason for refusal. The court shall give approval if the refusal is justifiable, but the defendant must retain an alternate defender; if he fails to retain an alternate defender, the people¡¯s court shall within three days inform the legal aid agency to assign another lawyer to defend the defendant.

Article 46 During the trial stage, a defender who accepts the assignment to represent the defendant shall, within three days of accepting the assignment, file the engagement letter with the people¡¯s court.

When a legal aid agency decides to assign a lawyer to defend the defendant, the lawyer handling the case shall, within three days of accepting the assignment, submit the legal aid representation agreement with the people¡¯s court.

Article 47 A defense lawyer may review, record and make copies of case materials. As permitted by the people¡¯s court, defenders who are not lawyers may also review, record and make copies of case materials. The minutes of a tribunal or an adjudication committee discussing the case, and other materials prohibited by law from being discussed shall not be subject to review, recording or copying.

The people¡¯s court shall make it convenient and allow the necessary time for defenders who review, record or make copies of case materials.

Copying of case materials may employ electronic copying, taking pictures, scanning and other similar means.

Article 48 A defense lawyer may meet and communicate with a defendant in custody or under residential surveillance. As permitted by the people¡¯s court, defenders who are not lawyers may also meet and communicate with a defendant in custody or under residential surveillance.

Article 49 A defender who believes that the public security organ, during the investigation and/or the procuratorate during the review of the indictment, have gathered but failed to submit with the case to the court, exculpatory evidence or facts tending to show the pettiness of the crime, shall make a request to the people¡¯s court in writing and provide all relevant leads or materials. The people¡¯s court, after receiving the application, shall have the procuratorate submit the evidence. After the evidence is submitted by the procuratorate, the people¡¯s court shall notify the defender in a timely manner.

Article 50 If the people¡¯s court deems it necessary when a defense attorney applies to gather materials relevant to the case from the victim, his or her close relatives, or a witness provided by the victim, the people¡¯s court shall issue an order giving permission to investigate.

Article 51 When a defense lawyer applies to the court for permission to gather or submit evidence or require a witness to testify in court after requesting such information regarding the case from a witness, individual or relevant entity and the witness, individual or relevant entity refuses to cooperate, if the people¡¯s court deems it necessary, permission shall be granted to the defense lawyer¡¯s request.

Article 52 Where a defense lawyer applies directly to the people¡¯s court together or submit evidence from a witness, individual or any other relevant entity, and the people¡¯s court deems the gathering or submission necessary but the evidence is inappropriate or impossible for the defense lawyer to gather or obtain, the people¡¯s court shall give permission. The defense attorney may be present when the evidence has been gathered by or submitted to the people¡¯s court.

Documentary evidence gathered by or submitted to the people¡¯s court by a relevant entity must bear the signature of the provider, and the seal of the entity; documentary evidence gather by or submitted to the people¡¯s court by an individual must bear the signature of the provider.

Receipts shall be provided by the people¡¯s court to the relevant entity or the individual for evidence collected, indicating the name, time of receipt, number of items, and the number of pages and whether it is the original document or material etc. The receipt shall signed by a clerk or a judge.

After the gathering or submission of evidence, the defense attorney shall be notified in a timely manner that the evidence is available to review, record, or copy. The people¡¯s procuratorate shall be informed as well.

Article 53 An application filed in accordance to Article 50 through Article 52 of this interpretation shall be in writing, and indicate the grounds for the application, the content of the evidentiary material to be gathered or submitted or an outline of issues to be investigated.

The decision to approve or allow an application filed by a defense attorney shall be made and communicated to the defense lawyer by the people¡¯s court within five days; reasons shall be provided if the people¡¯s court decides not to approve or allow the application.

Article 54 The people¡¯s court shall, within three days of accepting a case of private prosecution, inform the private prosecutor or his legal representative, parties to a collateral civil action and their legal representatives of their rights to retain a litigation advocate, and that they may apply for legal aid if they suffer from economic hardship.

Article 55 Where a party retains a litigation advocate, Article 32 of the Criminal Procedure Law and relevant rules in this interpretation shall apply.

Article 56 A litigation advocate has the right to, based on the facts and the law, to defend the procedural rights and other legitimate interests of the victim, private prosecutor or party to a collateral civil actions.

Article 57 With the permission from the people¡¯s court, a litigation advocate may review, record and make copies of the case materials.

Article 51 to Article 53 of this interpretation applies to a lawyer gathering or obtaining evidentiary materials relevant to the case who is retained as a litigation advocate.

Article 58 Within three days after accepting to represent a party or the assignment of a case by a legal aid agency, a litigation advocate shall; submit the letter of engagement or legal aid representation agreement to the people¡¯s court.

Article 59 The people¡¯s court shall collect from defenders and litigation advocates making copies of case materials only the cost of making such copies and shall reduce or waive the fee for legal aid attorneys making necessary copies of case materials.

Article 60 When a defense attorney informs a people¡¯s court that his client or anyone else is about to commit, or is in the process of committing a crime that endangers state security, the public security or a crime that seriously endangers the personal safety of others, the people¡¯s court shall record it, promptly inform the competent organ to handle the situation according to law, and maintain the confidentiality of the reporting attorney.

Chapter 4 Evidence

Section One General Rules

Article 61 The facts of a case must be determined based upon evidence.

Article 62 Adjudication personnel must collect, examine, verify, and determine the evidence according to legally prescribed procedures.

Article 63 Evidence that has not been presented in court, identified, examined by the opposing party, or otherwise been investigated and verified via court inquest procedure, must not be used as a basis for a verdict, unless otherwise stipulated by law or the present Interpretation.

Article 64 Case facts that must be proven by the application of evidence include:

(1) the identity of the defendant and victim;

(2) whether the alleged crime in fact occurred;

(3) whether the alleged crime was in fact committed by the defendant;

(4) whether the defendant has the capacity for criminal responsibility, whether there is a culpable mens rea, or a motive or objective for the commission of the crime;

(5) the time, place, manner, consequences and causes of the commission of the crime, etc.;

(6) the defendant¡¯s status and role in a jointly committed crime;

(7) whether the defendant possesses circumstances permitting or requiring heavier or lighter punishment, mitigated (below-minimum) punishment, or exemption from punishment ;

(8) facts concerning the handling of property related to the case, where there is a collateral civil action;

(9) procedural facts related to jurisdiction, recusal, postponement of adjudication, etc.;

(10) Other facts related to conviction or sentencing.

The standard of proof to be used to determine guilt and for aggravated sentencing of a defendant shall be that the evidence is definite and sufficient.

Article 65 When administrative authorities collect physical or documentary evidence, audio-visual materials, electronic data and other evidentiary materials in the process of carrying out administrative law enforcement and investigation and handling of the case, these items may be used as evidence in criminal proceedings; after being verified by the court, and if the collection procedures comply with legal and administrative regulatory requirements, these items may be used as a basis for a verdict.

When government entities that exercise administrative powers at the national level in accordance with the law and administrative regulations collect evidentiary materials in the course of administrative law enforcement and case investigation and handling, these items are considered evidentiary materials collected by administrative authorities.

Article 66 In accordance with Article 191 of the Criminal Procedure Law, when a people¡¯s court is investigating and verifying evidence, when necessary, it may notify procuratorial personnel, defenders, complainants in private prosecutions and their agents ad litem to appear in court. If the above-mentioned persons do not appear, this shall be noted in the case file.

When a people¡¯s court is investigating and verifying evidence and discovers new evidentiary materials that have a major impact on the conviction or sentencing, it shall notify procuratorial personnel, defenders, complainants in private prosecutions and their agents ad litem. When necessary, it may directly obtain [such materials] and timely notify procuratorial personnel, defenders, complainants in private prosecutions and their agents ad litem to consult, extract and duplicate these materials.

Article 67 The following personnel must not serve as authenticating witnesses in activities related to criminal proceedings:

(1) persons with physiological or mental deficiencies or youth, who correspondingly lack the capacity to discern, or are unable to properly express themselves;

(2) persons with an interest in the case that could affect the impartial handling of the case;

(3) Personnel or hired persons from public security and judicial organs who carry out crime scene investigations, inspections, searches, seizures, or other powers in criminal proceedings.

If, for objective reasons, it is not possible to have an authenticating witness who satisfies the relevant criteria, this shall be indicated in the record, and related activities shall be videotaped.

Article 68 During adjudications open to the public, when the public prosecutor or litigation participants in the proceedings present evidence involving State secrets, commercial secrets or individual privacy, the court shall stop [this from occurring]. If the evidence in question is, however, relevant to the present case, the court may decide, based on the specific circumstances, to convert the adjudication into one that is closed to the public, or to carry out court inquest regarding the relevant evidence in a closed session.

Section Two Examination and Determination of Physical and Documentary Evidence

Article 69 The examination of physical and documentary evidence shall focus on the following content:

(1) whether the physical or documentary evidence is the original object or original document, and whether it has undergone identification and forensic analysis; whether photographs, video recordings or replicas of physical evidence, or certified copies or duplicates of documentary evidence, match the originals, whether they were created by two or more people, whether the persons(s) creating them left a written description with signature regarding the process of producing the object or document, the location where original object or document is stored;

(2) whether the procedure and manner in which the physical or documentary evidence was collected comply with laws and relevant regulations; whether physical or documentary evidence that has undergone crime scene investigation, inspection, search and collection, or seizure, has related records or an inventory report, and whether the record or inventory report bears the signature of investigative personnel, that of the custodian of the object, or that of an authenticating witness; if an object doesn¡¯t bear the signature of the custodian of the object, whether the reason for [lack of the signature] is specified; whether the object¡¯s designation, features, number, quality, etc., are clearly indicated;

(3) whether the physical or documentary evidence has been damaged or altered during the course of its collection, storage, or forensic analysis;

(4) whether the physical or documentary evidence bears a relation with the case; for the bloodstains, bodily fluids, hairs, fingerprints and other biological specimens, stains, and objects that were left at the scene and related to the crime and satisfy the conditions for forensic analysis, whether they have undergone forensic DNA testing, forensic fingerprint testing, etc., and the comparison of these with the defendant¡¯s or victim¡¯s corresponding biological samples, biological features, biological substances, etc.;

(5) whether physical and documentary evidence that is relevant to the facts of the case is collected in entirety.

Article 70 In order for physical evidence to constitute a basis for a verdict, it must be the original object. Original objects that are inconvenient to transport or difficult to store shall be stored and handled according to law, by the relevant agency, or, for those objects that must be returned according to law, they may be filmed, or a photograph, video recording or duplicate may be made so as to sufficiently reflect the shape and characteristics of the original object.

If a photograph, video recording, or duplicate of physical evidence does not reflect the shape and characteristics of the original object, it must not be used as a basis for a verdict.

If a photograph, video recording, or duplicate of physical evidence has been checked against the original object and verified, or if it has been forensically determined to be authentic, or if it has been confirmed as authentic via other means, it may be used as a basis for a verdict.

Article 71 The documentary evidence that serves as a basis for a verdict must be original. If there is indeed a difficulty to obtain the original, certified copies or duplicates may be used [as a basis for a verdict].

When no reasonable explanation can be made for alterations or signs of alteration of documentary evidence, or when certified copies or duplicates of documentary evidence do not reflect the original document and its contents, the evidence must not be used as a basis for a verdict.

If a certified copy or duplicate of documentary evidence has been checked against the original document and verified, or if it has been forensically determined to be authentic, or if it has been confirmed as authentic via other means, it may be used as a basis for a verdict.

Article 72 For bloodstains, bodily fluids, hairs, human tissue, fingerprints, footprints, writing and other biological specimens, stains and objects that may be relevant to the facts of a case, if these are required to be collected but have not been collected, or if they are required to be tested but have not been tested, and as a result, this creates doubt in the facts of the case, then the people¡¯s court shall clearly explain the circumstances to the people¡¯s procuratorate and the people¡¯s procuratorate will collect or investigate and collect obtain supplementary evidence or provide a reasonable explanation.

Article 73 Physical or documentary evidence that is collected or seized during the course of a crime scene investigation, inspection, or search, but not accompanied by a record or inventory report and cannot prove its source and origin must not be used as a basis for a verdict.

Where the procedure or manner in which physical or documentary evidence is collected contains the following flaws, if the defect is supplemented and corrected or a reasonable explanation for the flaw is provided, the evidence may be used:

(1) the record of a crime scene investigation, inspection, search, or extraction, or the inventory report of seized items, does not bear the signature of the investigative officer, custodian of the object, or authenticating witness, or the object¡¯s designation, features, number, quality, etc., are not stated in detail;

(2) the photograph, video recording or replica of physical evidence, or the certified copy or duplicate of documentary evidence, does not indicate that it has been checked against the original document and verified, does not indicate the time of duplication, or does not bear the signature or stamp of the person who collected or obtained it;

(3) the photograph, video recording or replica of physical evidence, or the certified copy or duplicate of documentary evidence does not bear the creator¡¯s description of the process by which it was created or a description of the location where the original object or document is stored, or that description is unsigned;

(4) it has other flaws.

When there are doubts as to the source and origin or collection process of physical or documentary evidence, and no reasonable explanation can be made, that physical or documentary evidence must not be used as a basis for a verdict.

Section Three Examination and Determination of Witness Testimony and Victim Statements

Article 74 The examination of witness testimony shall focus on the following contents:

(1) whether the content of the testimony was directly perceived by the witness;

(2) whether, at the time testimony was provided, the witness¡¯s age, cognitive and memory capacity, ability to express him or herself, physiological, or mental condition influenced the testimony;

(3) whether the witness has a close relationship with a party in the case or has a stake in the outcome of the case;

(4) whether the witness was questioned individually;

(5) whether the creation and correction of the transcript of questioning comply with laws and relevant regulations, whether the start and end time and location of questioning are indicated, whether, at the time of the first questioning, the witness was notified of the rights, duties, and legal responsibilities related to providing testimony, and whether the witness checked the transcript of questioning and verified and confirmed it;

(6) when questioning juvenile witnesses, whether the agent ad litem or relevant personnel were notified to be present, and whether the agent ad litem or relevant personnel were in fact present;

(7) whether the witness¡¯s testimony was collected under circumstances involving the use of violence, threats, or other unlawful methods;

(8) whether witness testimony mutually corroborates or contradicts itself and whether it corroborates or contradicts other evidence.

Article 75 When a witness is clearly intoxicated or under the influence of poison or other drugs, or is anesthetized etc., or is unable to perceive normally, or unable to correctly express him- or herself, the testimony he or she provides must not be used as evidence.

Speculative, editorial, and inferential testimony by a witness must not be used as evidence unless the testimony can be determined based on commonsense to be factual.

Article 76 Witness testimony, under any one of the following circumstances, shall not be used as a basis for a verdict:

(1) the questioning of the witness was not carried out individually;

(2) written testimony was not checked and confirmed by the witness;

(3) when questioning deaf or mute persons, personnel proficient in sign language for deaf or mute persons are required to be provided but were not provided;

(4) when questioning witnesses who are not proficient in the commonly used local language, a translator is required to be provided but was not provided.

Article 77 When the procedure or method used to collect witness testimony contains any of the following flaws, the testimony may still be used if the defects are supplemented and corrected or a reasonable explanation is given; if there is no supplement and correction or reasonable explanation, the statement must not be used as a basis for a verdict:

(1) the transcript of questioning does not include the family and given names of the questioner, note-taker, agent ad litem, or the start and end time and location of the questioning;

(2) the location where questioning took place does not comply with regulations;

(3) the transcript of questioning does not indicate that the witness was informed of the rights, duties and legal responsibilities related to providing testimony;

(4) transcripts of questioning show that a single questioner was questioning different witnesses during the same time period.

Article 78 Testimony presented in court by witnesses, which has undergone examination by both prosecution and defense and has been checked and verified by the court, shall be used as a basis for a verdict.

When testimony presented in court by a witness contains contradictions with the witness¡¯s testimony prior to trial, if the witness can provide a reasonable explanation and there is corresponding corroborative evidence, his or her in-court testimony shall be credited; if the witness cannot provide a reasonable explanation, but if there is corresponding evidence that corroborates his or her testimony prior to trial, his or her testimony prior to trial may be credited.

After notified by the court, if a witness refuses to appear in court without a legitimate reason, or if the witness does appear in court but refuses to testify, and the court has no means to confirm the truthfulness of the witness¡¯s testimony, that witness¡¯s testimony must not be used as a basis for a verdict.

Article 79 Regarding the examination and determination of victim statements, refer to the relevant provisions in this section.

Section Four Examination and Determination of Defendant Confessions and Explanations

Article 80 Examination of defendant¡¯s confessions and explanations shall focus on the following content:

(1) whether the time and place of interrogation, the identities and number of interrogators, and the methods of interrogation, etc., comply with laws and relevant regulations;

(2) whether the creation and correction of the transcript of interrogation comply with laws and relevant regulations, whether specific start and end time and the location of the interrogation are clearly indicated, whether, at the time of the first interrogation, the defendant was notified of relevant rights and laws and regulations, and whether the defendant reviewed and confirmed the content of the transcript of questioning;

(3) when a juvenile defendant is interrogated, whether his or her agent ad litem or relevant personnel have been notified to be present, and whether his or her agent ad litem or relevant personnel were in fact present;

(4) whether defendant¡¯s confession was made under the circumstances of extortion of confession by torture or other illegal methods;

(5) whether the defendant¡¯s confession is consistent, whether it changes repeatedly, and what the reasons are for the changes; whether all of the defendant¡¯s confessions and explanations have been transferred with the case;

(6) whether the content of the defendant¡¯s explanations comply with the facts of the case and common sense, and whether there are contradictions;

(7) whether the defendant¡¯s confessions and explanations, the confessions and explanations of other defendants in the same case, and other evidence, are mutually corroborative, or whether there are contradictions.

When necessary, the video or audio recording of the interrogation, and the medical intake evaluation and transcript made when the defendant enters the detention center, can be investigated and collected and used to examine whether any of the abovementioned content exist.

Article 81 If any one of the following circumstances exists with respect to a defendant¡¯s confession, [the confession] must not be used as a basis for a verdict:

(1) the transcript of interrogation has not been checked and confirmed by the defendant;

(2) when a deaf or mute person is interrogated, personnel proficient in sign language is required to be provided, but was not provided;

(3) when a defendant who is not proficient in the commonly used local language is interrogated, a translator is required to be provided, but was not provided.

Article 82 If the transcript of an interrogation contains any of the following flaws, it may still be used with supplement and correction or with a reasonable explanation; if it cannot be supplemented and corrected or no reasonable explanation is provided, [the transcript] shall not be used as a basis for a verdict:

(1) the interrogation transcript contains errors or contradictions involving the time, the interrogators, the note-taker, the agent ad litem, etc.;

(2) the interrogators did not sign;

(3) the transcript of the first interrogation does not indicate that the person being interrogated was informed of relevant rights and laws and regulations

Article 83 Examination of the defendant¡¯s confession and explanations shall be conducted by combining all of the evidence provided by both prosecution and defense and defendant¡¯s confessions and explanations in entirety.

If the defendant retracts his confession in court, but cannot reasonably explain the reason for the retraction, or if his explanations contradict with all of the evidence in the case, but his pre-trial confession and other evidence are mutually corroborative, his pre-trial confession may be credited.

If the defendant¡¯s pre-trial confession and explanations change repeatedly, but he or she confesses in court, and this confession corroborates other evidence, his or her in-court confession may be credited; if the defendant¡¯s pre-trial confessions and explanations change repeatedly, but he or she does not confess in court, and there is no other evidence corroborating his or her pre-trial confession, his or her pre-trial confession must not be credited.

Section Five Examination and Determination of Forensic Analyst Opinions

Article 84 Examination of expert analyst opinions shall focus on the following content:

(1) whether the expert analyst organization/facility and the expert analyst possess statutory qualifications;

(2) whether circumstances exist such that the expert analyst shall recuse him/herself;

(3) whether the origin, acquisition, storage, and testing of samples comply with laws and relevant regulations, whether these accord with related extraction records, inventories of seized objects, and other records, and whether the samples are adequate and reliable;

(4) whether the formal elements of the expert analyst opinion are complete, whether the subject matter being analyzed, the person commissioning/requesting the expert analysis, the expert analyst institution/facility, the requirements of the analysis, the process used in the analysis, the method of analysis, the date(s) of the analysis, and other related contents are clearly identified, whether the opinion has been stamped by the expert analyst institution/facility with the official appraiser¡¯s seal and bears the signature and stamp of the appraiser;

(5) whether the procedure used in the expert analysis satisfies laws and relevant regulations;

(6) whether the process and methods used in the expert analysis satisfy the requirements of relevant professional codes?;

(7) whether the expert analyst opinion is clear and definite;

(8) whether the expert analyst opinion is relevant to the facts to be proven in the case;

(9) whether the expert analyst opinion contradicts the crime scene investigation, inspection record and related photographs or other evidence;

(10) whether relevant personnel were timely notified of the expert analyst opinion in accordance with law, and whether the parties to the case (defendant and victim) object to the expert analyst opinion.

Article 85 If the expert analyst opinion involves? any one of the following circumstances, it shall not be used as a basis for a verdict;

(1) the expert analyst institution/facility does not possess statutory qualifications, or the matter being analyzed exceeds the scope of business and technical capacity of the expert analyst institution/facility;

(2) if the expert analyst does not possess statutory qualifications, or does not possess the related professional skills or professional title(s), or is in violation of recusal regulations;

(3) if the origins of the submitted materials and samples for inspection are unknown, or do not meet the conditions for expert analysis due to contamination;

(4) if the object of expert analysis and the submitted materials and samples for inspection are inconsistent;

(5) if the procedure used in the expert analysis violates regulations;

(6) if the process and method used in the expert analysis do not satisfy the requirements of relevant professional codes;

(7) if the records of the expert analysis lack a signature or stamp;

(8) if the expert analyst opinion is not relevant to the facts to be proven in the case;

(9) other circumstances in violation of relevant regulations

Article 86 If an expert analyst refuses to appear in court to testify after being notified by a court, the expert analyst opinion shall not be used as a basis for a verdict.

If, due to reasons beyond his/her control or other legitimate reasons, the expert analyst cannot appear in court, the people¡¯s court may extend/postpone the trial or order a new expert analysis, based on the circumstances.

If an expert analyst refuses to appear in court to testify without a legitimate reason, the people¡¯s court shall notify judicial administrative authority or relevant agencies.

Article 87 If a specialized issue in a case requires expert analysis but there is no judicial expert analysis institution/facility as prescribed by law, or if the law or a judicial interpretation state that testing is permissible, persons with specialized knowledge can be designated to conduct the testing, and the test report may be consulted when determining guilt and sentencing.

On the examination and determination of testing reports, refer to relevant provisions in this section.

After notification from the people¡¯s court, if a forensic analyst who performed testing refuses to appear in court to testify, the testing report shall not be consulted when determining guilt and sentencing.

Section Six Examination and Determination of Crime Scene Investigation, Inspection, Identification, Investigative testing, and Other Reports

Article 88 Examination of crime scene investigation reports and inspection reports shall focus on the following content:

(1) whether the crime scene investigation and inspection were conducted in accordance with law, whether the creation of the record/transcript complied with laws and relevant regulations, whether crime scene investigation and inspection personnel as well as authenticating witnesses signed or affixed their seal;

(2) whether crime scene investigation and inspection records noted the subject matter of the crime scene investigation or inspection, the crime scene investigation and inspection time and location, the persons present at the scene, the orientation/layout of the scene, the surrounding environment, etc., the specific locations, characteristics and other circumstances of physical evidence, bodies/persons, corpses, etc., and the processes of crime scene investigation, inspection, and search; whether written records and physical objects or drawings, photographs, video recordings match one another; whether the scene, objects, stains, etc., are fabricated, and whether they have been destroyed; whether the characteristics of bodies/persons, circumstances of injuries, and physiological states have been camouflaged or altered, etc.;

(3) whether corrections made to the conduct of crime scene investigation or inspection describe the reason for subsequent crime scene investigation or inspection, and whether there are contradictions between earlier and later crime scene investigations and inspections.

Article 89 If there are aspects of the crime scene investigation and inspection report that do not comply with laws and relevant regulations and no reasonable explanation or description can be provided, the report shall not be used as a basis for a verdict.

Article 90 The identification of reports shall focus on examining the process and method, and whether or not the creation of the identification report complies with relevant regulations.

If the identification report contains any one of the following circumstances, it shall not be a used as a basis for a verdict:

(1) identification was not carried out under the preside of investigative officer;

(2) prior to the identification procedure, the identifying person is made to see the object of identification;

(3) the identification procedure was not conducted individually;

(4) the object of identification was not mixed in with others possessing similar characteristics, or the number of those in the pool for identification does not comply with regulatory requirements;

(5) during the identification, the identifying person is given an obvious hint or the suspect is pointed at in an obvious manner;

(6) Other circumstances such as the violation of relevant regulations or the inability to confirm the truthfulness of the identification report.

Article 91 The examination of records of investigative testing, shall focus on the process and method, and whether the record¡¯s creation meets the requirements of relevant regulations.

If there is an obvious discrepancy between the conditions for an investigative testing and the conditions at the time of the incident, or if there are other circumstances that affect the scientific quality of the testing¡¯s conclusions, the record of the investigative testing shall not be used as a basis of a verdict.

Section Seven Examination and Determination of Audio-Visual Materials and Electronic Data

Article 92 The examination of audio-visual materials shall focus on the following content:

(1) whether a description of the extraction process is appended, and whether the origin is lawful;

(2) whether it is the original item, whether there are duplicates and the number of duplicates; for duplicates, whether a description is appended containing a reason for not being able to investigate and collect the original through investigation, the process of creating the duplicate, an explanation of the storage location of the original, and whether the producer and holder of the original audio file signs or affixes his or her seal;

(3) whether threats or inducements of the parties (defendant and victim) or other means that violate the law or relevant regulations were used during the creation process;

(4) whether the identities of the creator and holder, the time, location, conditions and method of creation are clearly written;

(5) whether the contents and the creation process are factual, whether there have been situations such as edits, additions, or deletions.

(6) whether the content is relevant to the facts of the case.

If there is doubt regarding an audio-visual material, a forensic evaluation shall be conducted.

Article 93 For electronic mails, electronic data exchanges, online chat records, blogs, micro-blogs, mobile phone text messages, electronic signatures, domain names and other electronic data, the examination shall focus on the following content:

(1) whether it was transferred with the original storage media; when original storage media cannot be sealed, or is inconvenient to transfer or if, in accordance with law, it shall be stored, handled or returned by relevant agencies, whether the extraction or copying of electronic data was performed by more than two persons, whether it is sufficient to guarantee the completeness of the electronic data, whether or not the extraction or copying processes and original storage media storage location contain a description in writing and signature;

(2) whether the process and method of collecting the data complied with law and relevant technical procedural standards, whether electronic data collected through investigation, inspection, search and other investigative activities has a report or inventory appended to it, and whether it bears the signature of the investigative officer, the keeper of the electronic data, or the authenticating witness; if the keeper¡¯s signature is absent, whether a reason is noted; in cases where the electronic data is obtained from abroad or other provinces, whether relevant situations have been noted; whether clear notes are given for the specification, type, file format of the electronic data;

(3) whether the contents of the electronic data are factual?, whether there are situations such as deletions, alterations, and additions;

(4) whether electronic data is relevant to the facts of the case;

(5) whether electronic data that is relevant to the facts of the case was collected in its entirety.

If there is doubt regarding electronic data, forensic evaluation or investigative inspection shall be conducted.

Article 94 Audio-visual materials and electronic data containing any one of the following circumstances shall not be used as a basis for a verdict:

(1) authenticity cannot be confirmed after examination;

(2) if there is doubt regarding the time, location, and manner of creation or extraction and the required certificate cannot be provided, nor a reasonable explanation.

Section Eight Exclusion of Illegally Obtained Evidence

Article 95 The use of corporal punishment or disguised corporal punishment, or other methods inflicting severe pain or suffering, physically or mentally on the defendant [and therefore] forces a defendant to make confessions against his or her will, [it] shall be deemed as ¡°illegal means such as extortion of confession by torture,¡± as set out in Article 54 of the Criminal Procedure Law.

When determining what ¡°may have a serious impact upon the course of justice,¡± as set out in Article 54 of the Criminal Procedure Law, the determination shall be made by considering the circumstances comprehensively, including the gravity of procedural violations while collecting physical and documentary evidence and the harm caused.

Article 96 If a party or his or her defender or litigation advocate files a motion with a people¡¯s court to exclude illegally obtained evidence, he or she shall provide leads such as the person(s) suspect of obtaining evidence illegal, time, place, manner, content and other leads or materials relevant to the alleged illegal method of obtaining evidence.

Article 97 When serving a certified copy of an indictment on the defendant and his or her defender, a people¡¯s court shall inform him or her that an application to exclude illegally obtained evidence shall be submitted before the commencement of trial, except for those leads or materials discovered during the period of adjudication in open court.

Article 98 Prior to the commencement of adjudication in open court, if a party or his or her defender or litigation advocate files an application with the people¡¯s court to exclude illegally obtained evidence, the people¡¯s court shall serve the application or the transcript of the application and duplicates of relevant leads and materials on the people¡¯s procuratorate in a timely manner before holding a court session.

Article 99 Prior to the commencement of adjudication in open court, if a party or his or her defender or litigation advocate files an application with the people¡¯s court to exclude illegally obtained evidence, and after a review the people¡¯s court has questions about the legality of the manner in which the evidence was obtained, the court shall hold a pre-trial conference to inquire into and hear opinions about issues such as excluding illegally obtained evidence pursuant to Article 182, paragraph 2 of the Criminal Procedure Law. The prosecution may explain the legality of the manner in which the evidence was obtained by presenting relevant evidentiary materials or other methods.

Article 100 If a party or his or her defender or litigation advocate files an application with a people¡¯s court to exclude illegally obtained evidence during adjudication, the people¡¯s court shall conduct a review. After the review, if there are questions about the legality of the manner in which evidence was obtained, the court shall make an inquiry; if there are no doubt with the legality of the manner in which evidence was obtained, the court shall explain the situation and reasons in court, and proceed with the adjudication. If a party or his or her defender or litigation advocate files another application with the people¡¯s court to exclude illegally obtained evidence on the same grounds, the court will not conduct a review.

The court inquiry into the legality of the manner in which the evidence was collected/obtained may be conducted after a party or his or her defender or litigation advocate files an application with the people¡¯s court to exclude illegally obtained evidence, or before the court inquest is concluded, based on the specific circumstances.

During the adjudication, upon examination, if a people¡¯s court finds that the application filed by a party or his or her defender or litigation advocate to exclude illegally obtained evidence does not meet the requirements prescribed in Article 97 of this Interpretation, the court shall conduct the review before the court inquest is concluded and decide whether or not to conduct an investigation into the manner in which the evidence was obtained.

Article 101 If a people¡¯s court decides to conduct an investigation into the legality of the manner in which the evidence was obtained, the prosecutor may prove the legality of the manner in which the evidence was obtained by presenting or reading interrogation transcripts or other evidence, playing particular audio or video recordings of the interrogation to address specific issues in question, and requesting the court to notify the relevant investigative officer(s)or other personnel to appear in court to explain the situation, and other methods.

If the prosecutor submits written explanation letters to support the legality of the manner in which the evidence was obtained, the explanation letters shall be signed by the relevant investigative officer(s) and stamped with an official seal. Without the signature of the relevant investigative officer(s), the explanation letters shall not be used as evidence. The explanation letters, however, cannot be used as the sole evidence to prove the legality of the manner in which the evidence was obtained.

Article 102 After adjudication, if the existence of illegal means to obtain evidence proscribed by Article 54 of the Criminal Procedure Law is substantiated or cannot be ruled out, the evidence at issue shall be excluded.

After conducting an investigation into the legality of the manner in which evidence was obtained, the people¡¯s court shall inform the prosecutors, the parties, their defenders, and litigation advocates, of the conclusions of its investigation.

Article 103 Under any one of the following circumstances, a people¡¯s court of second instance shall review the legality of the manner in which the evidence was obtained and handle the matter according to relevant provisions of the Criminal Procedure Law and this Interpretation:

(1) the people¡¯s court of first instance did not review the application filed by a party, his or her defender or litigation advocate excluding the illegally obtained evidence, and used the evidence as a basis for the verdict;

(2) the people¡¯s procuratorate, the defendant, a complainant in a private prosecution or an agent ad litem does not accept the conclusion of the first instance people¡¯s court¡¯s investigation into the legality of the manner in which the evidence was obtained and submitted a prosecutorial protest or an appeal

(3) a party, his or her defender or litigation advocate discovers relevant leads or materials only after the conclusion of the first instance proceedings, and files an application to exclude the illegally obtained evidence.

Section Nine Comprehensive Examination and Application of Evidence

Article 104 Regarding the authenticity of evidence, a comprehensive examination of all evidence in the case shall be conducted.

Regarding the probative value of evidence, the examination determination and decision shall be made according to specific circumstances from the degree of relevance of the evidence to the facts to be proven in the case, the relationships among the various pieces of evidence, and other aspects.

If items of evidence possess intrinsic links to one another, if, they all point to the same fact to be proven in the case and if there are no contradictions that cannot be eliminated or doubts that cannot be explained, only then may they be used as a basis for a verdict.

Article 105 If there is no direct evidence, but circumstantial evidence simultaneously satisfies all the conditions below, the defendant may be found guilty:

(1) the evidence has been investigated and verified;

(2) various items of evidence mutually corroborate one another, and there are no contradictions that cannot be eliminated or doubts that cannot be explained;

(3) the totality of the evidence in the case already constitutes a complete set of proof;

(4) the determination of the facts in the case by the evidence is sufficient to eliminate reasonable doubt, and there can be only one conclusion;

(5) the inferences drawn from the application of evidence satisfy logic and experience.

Article 106 If, extremely covert physical or documentary evidence was extracted based on the defendant¡¯s confession and identification, and the defendant¡¯s confession mutually corroborating with other evidence proving the occurrence of the crime, and the possibilities such as confession via collusion among co-participants, coerced confession, and confession obtained through enticement are eliminated, the defendant may be convicted.

Article 107 Evidentiary materials collected using technical investigation measures, which have been presented in court, identified, and examined, and inspected and verified through court investigation procedures, may be used as a basis for a verdict.

When use of the evidence falling under the provision of the preceding paragraph may endanger the safety of relevant personnel, or may cause other grave consequences, the court shall employ protective measures such as avoid revealing the identity of relevant personnel and technical methods used, etc., and when necessary, the adjudication personnel may verify these [evidence?] outside the court.

Article 108 Materials, related to the process how the defendant came into police custody or was apprehended issued by investigating departments, shall be examined for whether there were signature and/or seal of the persons or departments handling the cases that issued the explanatory materials.

If any doubt exists as to the process by which the defendant came into police custody or was apprehended, or as to the certainty of a defendant¡¯s being under serious suspicion, the court shall require the investigative organ to supplement its explanation.

Article 109 The following evidence shall be used with caution; if other evidence corroborates it, it may be admitted:

(1) Statements, testimony and confessions by victims, witnesses and defendants who are physiologically or mentally disabled, who have certain difficulties understanding and being able to express the case facts, but have not yet lost the ability to correctly understand and express themselves.

(2) Testimony favoring the defense given by witnesses who are close relatives or have other close relationships with the defendant, or testimony adverse to the defense given by witnesses who have interests adverse to the defendant.

Article 110 Evidentiary materials proving that the defendant voluntarily surrendered, confessed and provided cooperation or meritorious performance, shall not be used as a basis of a verdict where the materials do not bear stamps of the unit to which the defendant turned himself in, provided honest information, or exposed others ..

Where the relevant organs did not verify the facts and reasons submitted by the defendant or his defense advocate showing that the defendant voluntary surrendered, confessed and provided cooperation or meritorious performance or where the relevant organs indicate that the defendant voluntary surrendered, confessed and provided cooperation or meritorious performance but the evidentiary materials are incomplete, the people¡¯s court shall require the relevant organs to provide supporting materials, or require related personnel to testify and make a determination while combining other evidence .

Article 111 Evidentiary materials proving that the defendant is a repeat offender or a drug recidivist must include the judgment document of the prior conviction(s), proof of release and other related materials; if the materials are incomplete, the court shall require the relevant organs to provide [the missing materials].

Article 112 When examining whether the defendant reaches the legally required age for criminal responsibility while committing the crime charged or at trial, the court shall make a determination based on a comprehensive evaluation of his/her household registration document, birth certificate, student enrollment card, census registration, the testimony of disinterested persons, and other related evidence.

If the evidence is insufficient to establish that the defendant is fourteen years of age, sixteen years of age, eighteen years of age, or has not yet reached seventy-five years of age, the court shall find that the defendant has not reached fourteen years of age, has not reached sixteen years of age, has not reached eighteen years of age, or has already reached seventy-five years of age.

Chapter 5 Compulsory Measures

Article 113 While adjudicating a case, the people¡¯s court may, according to the situation, compel the defendant¡¯s appearance, release the defendant on guarantee, implement residential surveillance or formal arrest.

The Court President will decide the implementation, revocation, or modification of compulsory measures against the defendant.

Article 114 If the defendant has already been lawfully summoned and refused to appear in court, or if the case¡¯s situation requires, the defendant may be compelled to appear.

Compelled appearance of the defendant shall be carried out in accordance with a signed summons by the Court President, and carried out by judicial police. No fewer than two officers shall carry out the summons.

When compelling the defendant to appear, the summons shall be displayed. Restraint implements devices may be used against defendants who resist the summons.

Article 115 A defendant¡¯s compelled appearance shall not exceed 12 hours in duration. If the case is particularly important, complex, or requires carrying out formal arrest measures, the duration shall not exceed 24 hours. Defendants shall not be de facto detained through consecutive compelled appearances. The detainee¡¯s food, drink and rest needs shall be guaranteed.

Article 116 The people¡¯s court may release on guarantee defendants who meet the conditions of Criminal Procedure Law, Article 65, paragraph 1.

Defendants released on guarantee, shall name a guarantor or post a monetary guarantee, though never both.

Article 117 The following classes of defendants released on guarantee may be required to name between one and two guarantors:

(1) those unable to produce a monetary guarantee;

(2) minors or those at least 75 years of age;

(3) other defendants from whom it would be inappropriate to collect a monetary guarantee.

Article 118 The people¡¯s court shall investigate and confirm that guarantors meet the statutory requirements. Those who qualify shall be informed of their obligations, and issued a letter of guarantee guarantor.

Article 119 In the case of a defendant to be released on guarantee with a monetary guarantee, the specific amount shall be determined in accordance with Criminal Procedure Law article 70 paragraph 1. The defendant or unit, or individual offering the monetary guarantee on the defendant¡¯s behalf, shall be ordered to make a one-time deposit to the designated special bank account of the public security organ.

Article 120 After the people¡¯s court has announced to the defendant its decision to release on guarantee, it shall serve the written decision and related materials to the local public security organ of corresponding level for implementation. If the defendant does not reside in the same locality, it shall be sent the local public security organ in the defendant¡¯s domicile for implementation.

When a defendant uses a monetary guarantee, after verifying that the monetary guarantee has been deposited in the public security organ¡¯s designated special bank account, the bank-issued certificate of receipt shall be sent to the public security organ.

Article 121 While the defendant is out on guarantee, if the guarantor is unwilling to continue fulfilling the guarantee obligations, or loses the ability to fulfill the guarantee obligations, the people¡¯s court shall within three days of receiving the guarantor¡¯s application or written notice from the public security organ, order the defendant to name another guarantor or post a monetary guarantee, or modify the compulsory measures and then notify the public security organ.

Article 122 When, based on the facts of the case and legal regulations, a defendant is believed to have already committed a crime and absconds while out on guarantee, if the defendant absconds with the aid of the guarantor, or the guarantor knows the location of the absconding defendant but refuses to provide it to the judicial authorities, the guarantor shall be held criminally liable in accordance with the law.

Article 123 If the people¡¯s court discovers that an individual out on guarantee with a monetary guarantee is in violation of Criminal Procedure Law Article 69 paragraph 1 or paragraph 2, it shall bring up the confiscated portion or the entire monetary guarantee in a written opinion and send it, along with any relevant materials, to the public security organ responsible for enforcement for processing.

When the people¡¯s court receives written notice from the public security organ that it has confiscated the monetary guarantee or advice on modification of compulsory measures, shall on the basis of differing circumstances, within 5days order the defendant to make a statement of apology, post another monetary guarantee or name another guarantor, or modify the compulsory measures, then notify the public security organ.

When the people¡¯s court decides that a defendant whose monetary guarantee has been confiscated will continue to be released on guarantee, the time limit will continue counting.

Article 124 Regarding the judgment or ruling of a defendant out on guarantee, when the judgment or ruling takes effect, the release on guarantee shall be terminated and the monetary guarantee returned. Where the guarantee consists of personal property of the defendant, the people¡¯s court can issue written notice to the public security organ to transfer the monetary guarantee to the people¡¯s court for restitution to the victim(s), the payment of related civil obligations, or criminal penalties. The remained shall be returned to the defendant.

Article 125 The people¡¯s court may assign residential surveillance to defendants who meet the conditions of Criminal Procedure Law Article 72 paragraph 1.

When assigning a defendant residential surveillance, the people¡¯s court shall verify the defendant¡¯s residence. Defendants with no fixed residence shall have one assigned to them.

Article 126 After notifying the defendant of the residential surveillance, the people¡¯s court shall deliver the letter of residential surveillance to the local public security organ of corresponding level at the defendant¡¯s place of residence or assigned residence for enforcement.

After the defendant has been assigned residential surveillance, the people¡¯s court shall within 24 hours notify the defendant¡¯s family of the reasons and basis for residential surveillance. If there is definitely impossible to notify, it shall be noted in the case file.

Article 127 When the people¡¯s procuratorate and public security organ already released a criminal suspect on guarantee or assigned residential surveillance and an indictment has already been filed in the people¡¯s court, when continued released on guarantee, residential surveillance or modification of compulsory measures is required, the people¡¯s court shall decide within 7 days and notify the people¡¯s procuratorate and the public security organ.

If decide to continue release on guarantee or residential surveillance, the formalities must be followed again, and a new time limit calculated. When continuing release on bail, do not re-collect the monetary guarantee.

The people¡¯s court shall not repeatedly carry out release on guarantee and residential surveillance measures against the defendant.

Article 128 The people¡¯s court shall order the formal arrest of defendants who meet the conditions of Criminal Procedure Law Article 79 paragraph 1 and paragraph 2.

Article 129 The people¡¯s court shall order the formal arrest of defendants released on guarantee who meet one or more of the following conditions:

(1) deliberately carries out a new crime;

(2) attempts suicide or escape;

(3) destroys or falsifies evidence, interferes with witness testifying, or commit confession via collusion among co-participants;

(4) retaliates against victims, informants or accusers;

(5) without reasonable justification fails to appear in court when summoned, influencing normal adjudication procedures;

(6) makes unauthorized change to means of contact or domicile, making summons impossible and thereby influencing normal adjudication procedures;

(7) without previous approval, makes unauthorized departure from the defendant¡¯s city or county of domicile, influencing normal adjudication procedures, or two instances of without previous approval, making unauthorized departure from the defendant¡¯s city or county of domicile;

(8) violates regulations by entering a specified site, meeting or communicating with specified individuals, undertaking specified activities, thereby influencing normal adjudication procedures, or two instances of violating relevant regulations;

(9) other circumstances under which formal arrest is required.

Article 130 The people¡¯s court shall order the formal arrest of defendants assigned residential surveillance who meet one or more of the following conditions:

(1) meets the conditions listed above in paragraph (1) through (5);

(2) without previous approval, makes unauthorized departure from the location of supervised residence, influencing normal adjudication procedures, or two instances of without previous approval, making unauthorized departure from the location of supervised residence;

(3) without previous approval, has unauthorized meetings or communications with others, influencing normal adjudication procedures, or two instances of having unauthorized meetings or communications with others;

(4) in the case of a defendant who has not been arrested because he or she suffers from a serious illness and cannot care for himself or herself, is pregnant, or is currently nursing her own child, the disease has been recovered from or the nursing period has ended;

(5) other circumstances under which formal arrest is required.

Article 131 After making a decision for formal arrest, the people¡¯s court shall send the formal arrest order and relevant material to the public security organ of corresponding level for enforcement, and send a copy to the people¡¯s procuratorate. After the formal arrest of the defendant, the people¡¯s court shall send notice of the reason for formal arrest and place of detention to the defendant¡¯s family members within 24 hours. If it is definitely impossible to provide notice, it shall be recorded in the case file.

Article 132 When the people¡¯s court has decided to order arrest of the defendant, the defendant shall be interrogated within 24 hours of the arrest. Upon discovery of that the defendant shall not have been arrested, the compulsory measures shall be modified, or the defendant shall be released immediately.

Article 133 The people¡¯s court may modify the compulsory measures for a defendant who has been arrested under one or more of the following conditions:

(1) suffers from a seriously illness and cannot care for himself or herself;

(2) pregnant or currently nursing her own child;

(3) is the sole guardian of someone who cannot care for himself or herself

Article 134 If the people¡¯s court of first instance decides that the defendant is innocent, without criminal liability, or exempted from criminal punishment, the defendant in custody shall be immediately released.

The people¡¯s court shall modify the compulsory measures of, or release an arrested defendant under one or more of the following conditions:

(1) the people¡¯s court of first instance sentences the defendant to supervised release, probation, or only applies accessory punishments, and the judgment has yet had legal effect;

(2) the defendant¡¯s time in custody has already reached the sentence term assigned by the people¡¯s court of first instance;

(3) the case cannot be completed within the time limit prescribed by regulation.

Article 135 When decides to modify compulsory measures or release a defendant, the people¡¯s court shall immediately send the compulsory measure modification letter or release notice to the public security organ.

Article 136 In the case of a defendant who the people¡¯s court has decided to arrest, if the people¡¯s procuratorate advises modification of compulsory measures or release, the people¡¯s court shall notify the people¡¯s procuratorate of the processing situation within 24 hours of receiving the advice.

Article 137 When the defendant or the defendant¡¯s agent ad litem, immediate family members or defender applies for modification of compulsory measures, the reason must be explained. The people¡¯s court shall issue a judgment within 3days of receiving the application. If the people¡¯s court agrees to modify the compulsory measures, it shall be processed in accordance with this Interpretation. If the people¡¯s court does not agree, it shall notify the applicant and explain its reasoning.

Chapter 6 Collateral Civil Actions

Article 138 A victim who suffers material loss as a result of a criminal violation of their personal rights or as a result of property damage by a criminal offender, shall have the right to file a collateral civil action during a criminal prosecution. If the victim is deceased or has lost the capacity for conduct, his or her legal representative or immediate family members shall have the right to bring the collateral civil action.

A people¡¯s court shall not accept collateral civil actions or independent civil actions seeking compensation for emotional/psychological damage suffered as a result of being a victim of a criminal offence.

Article 139 Where a defendant has illegally possessed or disposed of the victim¡¯s property, the property shall be recovered according to law or the defendant shall be ordered to make restitution in accordance with the law. If this occurs, the people¡¯s court shall not accept a collateral civil action filed by the victim. The recovery, return or restitution of property may be considered by the court as a mitigating circumstance in sentencing.

Article 140 The people¡¯s court shall not accept a civil action filed by a victim, his or her agent ad litem or immediate family members, collateral to a criminal case in which an employee of a governmental institution, when exercising his or her official duty, has infringed upon the victim¡¯s personal and property rights in violation of the criminal law. However, it shall notify him or her that they may apply for State compensation according to law.

Article 141 For a criminal case to which Article 99 of the Criminal Procedure Law and Article 138, paragraph 1 of this Interpretation apply, a people¡¯s court may, after accepting the case, inform the victim, his or her agent ad litem or immediate family members of their right to bring a collateral civil action.

A person who has the right to bring a collateral civil action and who wishes to waive his or her right to litigate must be permitted to do so and this shall be recorded in the case file.

Article 142 Where the responsible unit for state or collective property which has suffered damage has not brought a collateral civil action, but the people¡¯s procuratorate has brought a collateral civil action alongside the public prosecution, the people¡¯s court shall accept the case.

The people¡¯s procuratorate bringing the collateral civil action shall be listed as the plaintiff in such cases.

Article 139 of this Interpretation shall apply to a defendant who has illegally possessed or disposed of any state property or collective property.

Article 143 Persons who bear legal responsibility to pay compensation in a collateral civil action include:

(1) the criminal defendant and other joint offenders who have not yet been investigated for their criminal liability;

(2) the guardian of the criminal defendant;

(3) heirs to the property of a criminal who has been sentenced to death;

(4) in the case of a joint crime, heirs to the property of a defendant who dies before the trial of the case is concluded.

(5) Any other entity or individual legally obliged to pay damage for the material loss suffered by the victim.

Families and friends of a defendant to a collateral civil action who volunteer to pay damages on behalf of the defendant shall be permitted to do so.

Article 144 The people¡¯s court shall inform a victim, his or her agent ad litem, or his or her immediate family members who have only brought a collateral civil action against some of the joint offenders to a crime, that he, she or they may also bring a collateral civil action against other joint offenders, including those who have not been found to be criminally liable, with the exception of fugitive co-defendants in joint crime cases.

The people¡¯s court shall inform a victim, his or her agent ad litem or close relatives who waive the right to sue other joint infringers of the corresponding legal consequences of their waiver, and the people¡¯s court shall record the waiver of the action in the court judgment.

Article 145 Conditions for bringing a collateral civil action are:

(1) that the plaintiff is legally qualified to bring the action;

(2) that there is a clear defendant;

(3) that there are specific claims for compensation, as well as specific supporting facts and legal grounds;

(4) that the action fits within the scope of collateral civil actions acceptable to the people¡¯s court.

Article 146 For a joint criminal case in which a co-defendant is a fugitive, the co-defendant shall not be listed as a defendant in the collateral civil action. The victim, his or her agent ad litem, or immediate family members may bring a collateral civil action against the fugitive co-defendant after he or she appears in court, except when other joint offenders have paid compensation in full.

Article 147 A collateral civil action must be brought in a timely manner after the criminal case has commenced.

A collateral civil action must be instituted by way of submitting a civil suit.

Article 148 Where a person, having the right to bring a collateral civil action, seeks compensation during the time for investigation and review of indictment, if an agreement has been reached and fully performed by all the parties following mediation conducted by a public security organ or the people¡¯s procuratorate, the people¡¯s court shall not accept a collateral civil action filed by the victim, his or her agent ad litem, or immediate family members, except when the evidence shows that the mediation violates the principles of voluntariness and legality.

Article 149 Where the victim, his or her agent ad litem, or immediate family members file a collateral civil action, the people¡¯s court shall within seven days render a decision as to whether to open the case. The court shall accept cases that meet the requirements of Article 99 of the Criminal Procedure Law and relevant rules in this Interpretation; and enter a ruling that the case shall not be accepted for those not meeting the requirements.

Article 150 The people¡¯s court shall, within 5 days of accepting a collateral civil action, serve upon the defendants in the collateral civil case or his or her agent ad litem a copy of the complaint, or inform the defendant in the collateral civil action or his or her legal representatives the content of the oral complaint in a timely manner, and make a note in the case file.

When the people¡¯s court delivers the copy of a civil complaint, it shall fix the time by which the defendant or his or her legal representative shall submit an answer to the civil complaint according to the maximum time limit allowed for the trial of a criminal case.

Article 151 Each party to a collateral civil action bears the burden of producing evidence to support claims put forward by that party.

Article 152 Where a judgment in a collateral civil action becomes difficult to enforce owing to an act of a defendant or for any other reason, the people¡¯s court may, upon an application filed by the plaintiff to the collateral civil action, enter a ruling to adopt preventative measures to seal, seize or freeze the property of the defendant. The people¡¯s court may adopt preventative measures in the absence of an application filed by the plaintiff, provided that the court finds it necessary to do so.

In the case of emergency, one with the right to bring a collateral civil action may, before he or she files a collateral civil action in court, apply to the court at the place where the property to be subject to a surety bond is located or at the domicile of the respondent, or at the court with jurisdiction over the case, for the adoption of a surety bond, provided that his or her legitimate interests will suffer irreparable damage if a surety bond is not applied for immediately. The people¡¯s court shall terminate any surety bond adopted if the applicant for the measure fails to file a collateral civil action within 15 days of acceptance of the criminal case in a court.

The people¡¯s court shall apply Articles 100 to 105 of the Civil Procedure Law when adopting preventative measures, except for Article 101, paragraph 3 of the Civil Procedure Law.

Article 153 The people¡¯s court hearing a collateral civil action may, according to the principles of voluntariness and legality, conduct a mediation. A mediation agreement shall be produced where the parties reach an agreement through mediation. The settlement agreement shall become effective upon the signature of, and distribution of copies to, both parties.

For agreements reached through mediation and immediately implemented, a written settlement agreement is not required, but a record or transcript must be made of the agreement, and the agreement shall become effective in law once both parties, the adjudication personnel and the clerk have signed or sealed the record or transcript.

Article 154 Collateral civil actions in which parties fail to reach an agreement through mediation or recant before signing and receiving the agreement, shall be decided along with the criminal case.

Article 155 In the judgment for a collateral civil action, the amount of compensation a defendant must pay shall be determined according to the material loss caused by the criminal act(s), based on the specific circumstances of the case.

Where the victim suffers a personal injury as a result of a criminal offense, he or she shall be entitled to compensation for reasonable expenses for treatment and rehabilitation, such as medical expenses, cost of care, traffic expenses, as well as loss of income due to absence from work. Expenses for physical aids for victims who suffer a physical disability as a result of the crime, or funeral expenses for a victim who dies as a result of the crime, must also be compensated.

In cases involving injury or death or severe damage to public or private property as a result of a person driving a vehicle, and where such cases constitute a crime, responsibility for compensation shall be determined according to Article 76 of the Road Traffic Safety Law of the People¡¯s Republic of China.

Where parties to a collateral civil action have reached an agreement through mediation or negotiation on questions of civil compensation, limitations on the scope and amount of compensation in paragraphs 2 and 3 of this Article shall not apply.

Article 156 If, after trying a case, the people¡¯s court decides that the defendant to the collateral civil action shall be legally liable to pay compensation, a ruling shall be entered directing the defendant to make compensation directly to the entity that suffers the loss in cases where the collateral civil action has been brought by a people¡¯s procuratorate; if the entity that suffers the loss has ceased to exist, the defendant shall be directed to pay compensation to that entity¡¯s successor in law, which inherits its rights and obligations; in cases where the entity has no successor in law, the compensation shall be paid to the people¡¯s procuratorate for transfer to the State treasury.

Article 157 In a case where it is trying a collateral civil action, the people¡¯s court shall incorporate the defendant¡¯s compensation to the victim when it establishes whether the defendant has expressed remorse for the crime, and shall give consideration to this factor in sentencing.

Article 158 Where the plaintiff to a collateral civil action, without justifiable excuse, fails to attend court after being summonsed, or withdraws from a court hearing without permission from the court, the collateral civil action shall be deemed to have been withdrawn by the plaintiff.

Where the defendant to a collateral civil action, who is not the defendant to the criminal case, fails to attend court without justifiable excuse after being summonsed, or withdraws from a court hearing without the permission of the court, the court may enter a judgment in absentia for the civil claims.

Article 159 The collateral civil action shall be heard concurrently with the criminal case; and may only be heard by the same adjudicative decision-making body after the trial of the criminal case in order to prevent excessive delay of the criminal case; a member of the adjudicative decision-making body unable to continue participating in the hearing may be replaced.

Article 160 Where the people¡¯s court finds the act of a defendant to a public prosecution does not constitute a crime, and no agreement has been reached through mediation after a collateral civil action is filed, the court shall concurrently enter a judgment for the collateral civil action.

Where an application to withdraw a prosecution case has been filed by the people¡¯s procuratorate and approved by the people¡¯s court, the court may conduct mediation in the collateral civil action already filed; if it is inappropriate to conduct mediation or no agreement through mediation is reached, the court shall rule that the case is dismissed and inform the plaintiff to the collateral civil action that he or she may bring a civil action separately.

Article 161 Where a collateral civil action is not brought until the second instance stage of a case, the people¡¯s court of second instance may conduct mediation in accordance with law; if the mediation is unsuccessful, the court shall inform the parties that they may bring a civil action separately after the criminal verdict or ruling becomes effective.

Article 162 The people¡¯s court hearing a collateral civil action shall not levy any litigation costs.

Article 163 When a people¡¯s court hears a collateral civil action, except where otherwise provided for in the Criminal Law, the Criminal Procedure Law and judicial interpretations regarding the administration of criminal justice, it shall apply relevant articles in the Civil Law.

Article 164 Where the victim, his or her legal representative, or an immediate family member who has not brought a collateral civil action during the criminal process files a separate civil suit, the people¡¯s court may conduct mediation or enter a judgment according to the material loss suffered.

Chapter 7 Time Periods, Service of Process and Maximum Time Allowed for Trial

Article 165 For the calculation of time limits on a monthly basis, the period of one month shall be taken to begin and end on the same calendar day of each month. Where a time limit begins on the last day of a month, the final day of a one-month time limit shall be the last day of the following month. Where the same calendar day does not exist for the following month, the one-month period shall end on the final day of the following month. A time limit of one half of a month shall be 15 days without exception.

Article 166 Where a party cannot meet a deadline due to a compelling reason outside of its control or for some other justifiable reason, and that party applies to continue with the procedures that shall have been completed by the deadline, the people¡¯s court shall enter a ruling permitting the application after verification.

Article 167 Litigation documents must be signed by the addressee upon receipt of service. Where the addressee is absent, an adult family member of the addressee or the responsible person for the entity where the addressee works may receive the documents and sign on the addressee¡¯s behalf.

The date of receipt of service is the date the addressee or the recipient on his o her behalf signs the acknowledgement of service.

If the addressee or the recipient on his or her behalf refuses to accept and sign the acknowledgement of service, the person serving the documents may request that an authenticating witness be present and explain the situation to the authenticating witness, recording the fact of refusal and date of service on the service acknowledgment, sign or seal and have the witness sign or seal the service acknowledgment, and leave the court document at the residence or workplace of the addressee or the recipient on his or her behalf; alternatively, such documents shall be deemed served if left at the addressee¡¯s residence after the process of serving the document has been recorded with photos, video tape, etc.

Article 168 If direct service of litigation documents proves difficult, the people¡¯s court located at the place of the addressee may be entrusted with service of the litigation documents, or they may be served by post.

Article 169 Where another court has been entrusted to effect service, the letter entrusting the court to do so, the litigation documents to be served, and the service acknowledgement form shall be sent to the people¡¯s court which is to been trusted to effect service by post. The court entrusted to effect service shall, after receiving the documents, make a record, serve the addressee within 10 days, and mail the service acknowledgment to the court which has entrusted it to do so; in cases where it is unable to serve the addressee, it shall inform the court which has entrusted it to do so, and return the court document and the service acknowledgment form.

Article 170 In cases of service by mail, the litigation documents and service acknowledgment form shall be sent to the addressee by registered post. The date noted on the receipt of the registered post is the service date.

Article 171 Where the addressee is a member of the armed forces, the litigation documents may be delivered to the addressee through the political department of the regiment or superior unit to which he or she belongs to.

Where the addressee is serving a sentence, the litigation documents may be delivered to him or her through the enforcement agency.

Where the addressee is undergoing compulsory education measures, the litigation documents may be delivered to him or her through the compulsory education agency.

In case where a relevant department or unit delivers litigation documents to a person, such department or unit must be requested to immediately forward the documents to the addressee, and mail the service acknowledgment form to the people¡¯s court in a timely manner.

Article 172 For a case over which jurisdiction is exercised by assignment, the maximum time allowed for trial shall not commence until the day the assigned people¡¯s court receives the letter of designating jurisdiction, relevant case files and evidence material.

Article 173 When an application is submitted to a higher people¡¯s court for an extension of the maximum time allowed for trial, a report up the court hierarchy shall be made 15 days prior to the expiry of the period. If the competent people¡¯s court does not approve of the extension, it shall make a decision 5 days prior to the expiry of the maximum time allowed for trial.

Under special circumstances when an application is submitted to the Supreme People¡¯s Court for an extension of the maximum time allowed for trial and the Supreme People¡¯s Court, after check and review, grants its approval, the maximum time allowed for trial may be extended by one to three months. If the case remains pending upon the expiry of the extended period, another application may be submitted.

Article 174 During the trial period, the time spent in the psychiatric assessment over the defendant is not included in the maximum time allowed for trial.

Chapter 8 Adjudicative Decision-making Bodies

Article 175 The position of chief-judge shall be held by a judge. An assistant judge may serve as a judge temporarily after being nominated by the court president and approved by the court adjudicative committee and may also serve as a chief judge

Article 176 The case-adjudication in open court and case-deliberation shall be conducted by the same collegial panel. During the case-deliberation, members of the collegial panel shall independently express their opinions with explanations. When consensus opinion cannot be reached, the decision shall follow majority¡¯s opinion. The minority opinion shall be entered in the minutes of the deliberation meeting. The minutes shall be signed by the members of the collegial panel after being reviewed and confirmed with no errors in the minutes. Content of the deliberation meeting shall be kept confidential.

Article 177 When a case is decided by a single judge according to the law, the single judge exercises the same power as that of a chief judge.

Article 178 The collegial panel shall make decisions and issue rulings timely after completing court collegial panel hearings and deliberations.

Collegial panel shall refer a case to the court president to decide whether the case shall be submitted to the court adjudicative committee for a decision if: 1) a death sentence is preliminarily proposed or 2) the case is protested by a people¡¯s procuratorate.

The collegial panel may refer a case to the court president to decide whether the case shall be submitted to the court adjudicative committee for deliberation and ruling if: 1) a case has generated great controversy among the members of the collegial panel, 2) the case concerned is a new type of case, 3) the case has significant social impact or 4) any other case that is too difficult, complicated or critical for the collegial panel to make a decision.

People¡¯s juror may request the collegial panel to refer a case to the court president to decide whether the case shall be submitted to the court adjudicative committee for deliberation and ruling.

If the court president, upon receiving the request from a collegial panel to submit a case to the court adjudicative committee, deems such submission unnecessary, he or she may suggest the collegial panel to deliberate the case one more time.

For cases decided by a single judge, if considered necessary, the single-judge may also refer a case to the court president to decide whether the case shall be submitted to the court adjudicative committee for deliberation and ruling.

Article 179 A collegial panel and single-judge court shall enforce decisions reached by the court adjudicative committee. [Anyone] with different opinions can recommend the court president submit the case to the court adjudicative committee for re-deliberation.

Chapter 9 Trial Procedure - First Instance Public Prosecution

Section One Case Acceptance and Pretrial Preparation

Article 180 For public prosecution cases, the people¡¯s courts shall designate adjudication personnel to examine the following matters upon the receipt of the prosecutor¡¯s claim together with the case file and evidence:

(1) whether the case falls in the jurisdiction of the court;

(2) whether the following factors are clearly addressed: identity of the defendant(s), the fact whether the defendant is serving or had served criminal punishment, type of coercive measures that have been taken regarding the defendant, place of detention, time, place, method, consequence of the crime committed and any other factors that may affect sentencing;

(3) whether evidential materials that serve as proof of the alleged crime have been submitted to court, including decisions to approve the application of technical investigation method as well as evidence collected;

(4) whether seal, seizure or freeze of assets has applied to illicit income or any other property and assets involved in the case and whether materials proving the existence of such property and assets that are subject to forfeiture are attached;

(5) whether the name, address of residence, contact information of victim(s) are listed; whether lists of names of witnesses and forensic analysts are attached; whether there is any request to subpoena witness, forensic analyst, persons with special knowledge to appear in courts, and, if there is, whether the name, gender, age, profession, address of residence and contact information are provided; whether a name list of witness, appraiser and victim who needs to be protected is attached;

(6) in case that a defender or litigation advocate has been retained by a party, or the party has accepted legal aid, whether the name, address of residence and contact information of the defender or litigation advocate has been provided;

(7) whether a collateral civil action is brought to court; if it is, whether the name, address of residence and contact information of the party in the collateral civil action has been attached, as well as related evidential materials;

(8) whether the paperwork regarding the investigation, review and prosecute and related litigating documents are complete;

(9) whether any circumstances that satisfy the conditions for not investigating criminal responsibility as prescribed in Article 15.2-6 of the Criminal Procedural Law are present.

Article 181 After examining the case brought to it by the people¡¯s procuratorate, people¡¯s courts shall take actions as indicated below according to the specific conditions of the case:

(1) a people¡¯s court shall return a case to the people¡¯s procuratorate and inform the victim of his/her right to private prosecution if the case falls in the category of prosecute-only-when-informed;

(2) a people¡¯s court shall return a case to the people¡¯s procuratorate if the court does not have the jurisdiction over the case or the defendant is still at large;

(3) a people¡¯s court shall inform the people¡¯s procuratorate to provide supplementary materials if requirements prescribed in Article 180.2-8 are not met;

(4) if a people¡¯s procuratorate brings a case to people¡¯s courts based on new facts or evidence against a defendant who had been previously acquitted, the people¡¯s courts shall accept a case according to the law;

(5) without any support by new facts or evidence, if a people¡¯s procuratorate brings to a people¡¯s court a case, which had been previously ruled by the court against the procuratorate and allowed to withdraw, the court shall return the case to the people¡¯s procuratorate;

(6) a people¡¯s court shall rule to terminate the litigation or return the case to the people¡¯s procuratorate if circumstances prescribed in Article 15.2-6 of the criminal procedural law are present;

(7) a people¡¯s court shall accept a case if the identity of the defendant cannot be authenticated but the case meets the condition prescribed in Article 158.2.

On whether to accept a case brought by people¡¯s procuratorates, people¡¯s courts shall complete the examination within seven days.

Article 182 People¡¯s courts shall conduct the following activities before opening a session of court hearing:

(1) the court shall designate the chief judge and members of the collegial panel;

(2) the court shall deliver a certified copy of the procuratorate¡¯s complaint to the defendant and his/her defender ten days ahead of the hearing;

(3) the court shall inform the party(ies), guardian ad litem, defenders, litigation advocate(s) five days ahead of court hearing to provide a list of witnesses and forensic analysts as well as evidences that they plan to present in court. Such list shall provide the name, gender, age, profession, residential address and contact information of those on the list;

(4) the court shall inform the people¡¯s procuratorate of the time and place of the court hearing three days ahead of the court hearing;

(5) the court shall deliver the subpoena to the parties and notification to the defender, litigation representative, guardian ad litem, witness and forensic analyst three days ahead of the court hearing. Notification to appear in courts can be delivered by means of telephone, text message, fax, email and other means that can have the receipt of the notification ascertained;

(6) for court hearings that are open to the public, the court shall publicize the nature of the complaint of the case, the name of the defendant and the time and the place of the hearing three days ahead of the hearing.

All activities described above shall be entered in court record.

Article 183 Adjudication personnel can decide to hold a pre-trial conference if one of the circumstances described below satisfies:

(1) application to expel illegal evidence is submitted by parties and their defenders or litigation advocates;

(2) the volume of evidential materials is substantial and the case is serious and complicated;

(3) the case has significant social impact;

(4) other circumstances that warrant a pre-trial conference.

The defendant can be informed to participate in a pre-trial conference, depending on the specific circumstance of the case.

Article 184 In the pre-trial conference, adjudication personnel shall enquire and hear from both parties on the following issues:

(1) objection to the court¡¯s jurisdiction over the case;

(2) request for recusal of court personnel involved in the case;

(3) request to collect evidential materials that can prove the defendant¡¯s innocence or can be used to mitigate the punishment for the defendant and that had been collected by the public security or people¡¯s procuratorate in the course of investigation and review for prosecution and failed to transfer to courts along;

(4) request to provide new evidence;

(5) objection to the list of witness, forensic analysts and persons with specialized knowledge who are expected to appear in courts;

(6) request to exclude illegal evidence;

(7) request to close the trial from the public;

(8) other issues related to the trial.

Adjudication personnel can enquire both parties about their objection to the evidential materials provided by the opposite party. Controversial evidence shall be the focus of the examination at the trial and the examination of non-controversial evidence can be simplified during the trial.

If the victim or his/her guardian ad litem or immediate family member(s) brings a collateral civil action, mediation can apply.

Pre-trial conference shall be transcribed.

Article 185 In preparing for the court hearing, the collegial panel can draft a synopsis of the hearing, which shall include the following contents:

(1) the division of labor regarding the hearing among members of the collegial panel;

(2) the main facts of the criminal conduct alleged in the procuratorate¡¯s complaint and the key points that determine the characterization of the case;

(3) key points that warrant inquiry when interrogating the defendant;

(4) list of the names of witnesses, forensic analysts, persons with specialized knowledge and investigating personnel;

(5) a table of contents of the evidence that is to be presented at courts per requests from both parties

(6) other issues that may rise during the trial and the planned responses.

Article 186 All trials shall be open to the public.

Trials can be closed to the public if the cases tried involve state secrets or individuals¡¯ privacy. Courts can decide to keep a trial closed to the public if the case concerned involves commercial secret upon requests from the party.

No one can observe court trials that are closed to the public, except for circumstances prescribed by law.

Article 187 Person who suffers from mental illness, intoxication, minors whose presence has not been approved by courts or other person whose presence in courts is deemed inappropriate shall not be allowed to observe court trials.

Article 188 Courts can proceed to open hearing if victims and litigation advocates, who have received court subpoena or notification but failed to appear in courts and whose absence does not jeopardize the court procedure.

Courts can proceed to open hearing if the defender fails to appear in courts after having received the notification upon agreement of the defendant, with the exceptional circumstance when the defendant is entitled to legal aid service

Article 189 Before the court commences to open a session of hearing, court clerk shall conduct the following tasks in a sequential manner:

(1) on behalf of the chief judge, ascertain the presence of the procurator, the parties, witness(es) and other participants of the litigation;

(2) announce rules of the court;

(3) invite procurators and other participants of the litigation to their seats;

(4) invite chief judge, judge (including people¡¯s juror) to their seats;

(5) after all adjudication personnel have seated, report the completion of pre-trial preparation to the chief judge.

Section Two Announcement of the Court Hearing and Court Investigation

Article 190 Chief judge announces the opening of the court hearing. After the defendant has been summoned to court, the court shall ascertain the following information regarding the defendant:

(1) name, date of birth, nationality, place of birth, highest education, profession, residence or if the defendant is a legal entity, the name of the legal entity, its residence, the name of its litigation advocate and the representative¡¯s position at the legal entity;

(2) whether the defendant has received legal punishment; if so, the type of the punishment and the date when the punishment is received;

(3) whether coercive measure has been applied to the defendant; if so, the type of the measure and when it is received;

(4) the date when the certified copy of procuratorate¡¯s complaint is received; if a collateral civil action is also filed against the defendant, the date of receipt of the certified copy of the collateral civil complaint.

The court can ascertain information listed above if the case concerns a significant number of defendants. If the court has chosen to do so, the chief judge shall explain the situation at the beginning of the hearing.

Article 191 Chief judge announces the source of the case, the basis of the prosecution, the name of the collateral civil action party(ies) and whether the hearing is open to the public; if the hearing is closed to the public, the reason shall be announced.

Article 192 The chief judge announces members of the collegial panel, the court clerk, name list of the procurators, forensic analysts, interpreters and other participants of the litigation.

Article 193 The chief judge shall inform the parties and their guardian ad litem, defenders and litigation advocates about the following rights that they are entitled to enjoy during the court hearing according to the law:

(1) they may request for recusal of members of the collegial panel, court clerk, procurators, forensic analysts and interpreters;

(2) they may provide evidence and submit application to the court to summon new witness, to collect new evidence, to apply for permission to conduct new forensic authentication, crime scene investigation or examination;

(3) the defendant can choose to defend for himself.

(4) the defendant may provide a final statement at the end of the court debate.

Article 194 The chief judge shall ask the parties or their guardian ad litem, defenders or litigation advocates whether they have recusal requests, of whom and the reasons for such request.

If parties and their guardian ad litem, defenders and litigation advocates request for recusal, the court shall make decisions according to the Criminal Procedural Law and this judicial interpretation.

Decisions to grant or dismiss the request and the decisions of the review of the initial decisions shall be announced by the chief judge with supportive reasoning. If necessary, the decisions mentioned above can be announced by the court president at court.

Article 195 The court investigation session, announced by the chief judge, shall begin with the procurator reading the procurator¡¯s complaint. It shall be followed by the reading of the complaint of the claimant or his/her guardian ad litem or litigation representative, if a collateral civil action is attached to the prosecution.

Article 196 If the alleged criminal conduct involves more than two criminal acts, court investigation shall be conducted for each act separately.

Article 197 The defendant and victim(s) may provide a statement respectively regarding the alleged criminal acts.

Article 198 Moderated by the chief-judge, the procurator may interrogate the defendant concerning the alleged criminal act provided in the indictment.

Upon approval of the chief-judge, the victim or his or her agent ad litem or litigation advocate may ask additional questions concerning the criminal act alleged by the procurator; the plaintiff in a collateral civil action or his or her agent ad litem or litigation advocate may ask additional questions concerning the facts related to the collateral civil action; following each interrogation question asked by the procurator, victim, collateral civil plaintiff or their agents or advocates, the defendant¡¯s agent ad litem or defender and the defendant in the collateral civil action or his or her agent ad litem or litigation advocate may question the defendant concerning any question that was posed by the procurator.

Article 199 If a case has multiple defendants, the interrogation shall be conducted separately. If necessary, the court can summon other defendant(s) to court to challenge or be challenged regarding evidence.

Article 200 Upon approval by the chief judge, both parties can question the victim or claimant of the collateral civil action.

Article 201 Adjudication personnel may interrogate the defendant. When necessary, they may also question the victim or the parties to the collateral civil action.

Article 202 The procurator may request the chief judge to summon witnesses or forensic analysts to appear in court to provide testimony or to exhibit evidence.

Once the procurator has shown its evidence, the defendant and his/her guardian ad litem or defender can request the chief judge to summon witnesses and forensic analysts to appear to court to provide testimony or exhibit evidence.

Article 203 To request the court to summon witness to provide testimony or exhibit evidence in court, both the procurator and the defender shall identify the name, source of the evidence, as well as the purported fact. Court shall permit such request if the court considers such request necessary. If the opposing party objects such request and believes that certain evidence bears no relevance to the dispute or evidently repetitive or unnecessary, the court may reject such request if the objection stands after court examination.

Article 204 If the procurator or the defender needs to exhibit evidence that has been transferred to court, he/she may submit a request to the court. If the court agrees, it shall instruct the bailiff in duty to exhibit and play the evidence in court. If the evidence needs to be read, the bailiff in duty shall hand it to the requesting party to read in court.

Article 205 If a procurator, party, defender or litigation advocate has objection towards a witness affidavit and considers the disputed affidavit has significant impact upon conviction and sentencing or if any of the afore-mentioned person has objection of a forensic conclusion, this person may request the court to summon the witness or forensic analyst concerned to appear in court. If considered necessary, the court shall summon the witness or forensic analyst to appear in court; if the witness or forensic analyst cannot be reached or refuses to appear in court, the court shall notify the party who submitted the request in a timely manner.

Article 206 Under the following preventative circumstances, the people¡¯s court may permit the witness not to appear in court:

(1) the witness is inflicted with serious illness or having restrictions on physical movement at the time of the trial;

(2) the place of residence of the witness is far away from the court within convenient travelling facilities;

(3) the witness is out of the county and cannot return to China in the short future;

(4) the witness is prevented from appearing in court due to other objective obstacles.

When the aforementioned circumstance occurs, the witness can provide testimony through remote video communications.

Article 207 People¡¯s courts shall provide allowance to compensate the expenses incurred to the witness for appearing in court, including travel, accommodation and meals.

Article 208 If the witness needs to be coerced to appear in court, the coercive measure shall be applied upon the issuance of a court subpoena by the court president.

Article 209 In cases where the defendant is charged with the crime of jeopardizing state security, terrorist activities, organized crime and drug crimes, the court shall protect the identity of the witness, forensic analyst or victim, whose appearance in court may jeopardize their safety or that of their immediate family member. Such protective measures include not disclosing their real names, residences, work units and other personal information, or not exposing their bodies or voices.

If a witness, forensic analyst or victim applies for protection during the court trial, the court shall examine the application. The court shall make decisions in a timely manner and take protective actions accordingly if the court considers protection is necessary.

Article 210 When a decision has reached by the court to apply measures to protect the identity of a witness, forensic analyst or victim, the court shall authenticate the identity of the person under protection before the court session starts. The court shall not disclose the pledge to provide truthful testimony written by the witness or forensic analyst to the public. Information concerning their personal identities can be replaced by alien names or other camouflaged substitutes in court decisions, rulings or other legal documents.

Article 211 Upon their arrival at court, the adjudication personnel shall authenticate the identity of the witness or forensic analyst, their relation to the parties and the case. The court shall also notify them about their rights and obligations to testify as well as their legal responsibilities.

Before testifying at court, the witness or forensic analyst shall pledge to provide testimony or forensic opinions truthfully in a written form with their signature.

Article 212 Witnesses and forensic analysts shall be examined first by the party who requested for the examination, which may be followed by the examination of the opposing party, upon approval by the chief judge.

Article 213 The following rules shall be complied with when examining a witness:

(1) the content of the question shall be relevant to the fact of the case;

(2) leading questions are prohibited;

(3) threatening witness is prohibited;

(4) humiliating witness is prohibited.

Aforementioned rules apply to the interrogation and examination of the defendant, victim, party in the collateral civil action, forensic analyst and person with special knowledge.

Article 214 When the question addressed in witness examination is inappropriate or bears no relevance to the case, the opposing party can object and request the chief judge to interrupt the examining party. The chief judge shall make judgment and sustain or overrule the objection. The chief judge can also interrupt and stop the examination on his own initiative according to the circumstances.

Article 215 The adjudication personnel can interview the witness, forensic analyst or person with special knowledge on their own initiative when they consider such interview as necessary.

Article 216 Witnesses, forensic analysts and persons with special knowledge shall be questioned separately. Upon the conclusion of the questioning by the parties or adjudication personnel, the chief judge shall ask the witnesses, forensic analysts and persons with special knowledge to withdraw from courts.

Witnesses, forensic analysts and persons with special knowledge shall not be allowed to observe the court proceeding.

Article 217 Procurators, parties or their defenders or litigation advocates, who have requested the court to summon persons with special knowledge to appear in court and provide opinion regarding forensic conclusions, shall provide reasoning for their opinion. If the court considers necessary, the court can summon the person with special knowledge to appear in court.

The number of persons of special knowledge who are requested to appear in court shall not exceed two. The number can be increased if the categories of the forensic conclusions concerned are multiple and diverse.

Appearance of persons of special knowledge at court is subject to the same rules regulating the appearance at court of forensic analysts.

Article 218 Once the evidence has been presented by the party who bears the burden of proof, it is the opposing party¡¯s turn to examine the evidence and present opinions. The two parties can cross-question and debate.

Article 219 Evidence that had been presented at court but yet not sent to the court shall be sent to the court after the examination of the evidence.

Article 220 If the court is skeptical about a piece of evidence, it can notify the procurator, party or his/her guardian ad litem, defender or litigation advocate to provide supplementary evidence or explanation. When necessary, the court can adjourn and conduct investigation to authenticate the evidence.

Supplementary evidence provided by the procurator, party or his/her guardian ad litem, defender, litigation advocate and evidence acquired [by the court] during investigation outside of the court shall be examined by parties in court before it can be admitted, with the exception for undisputed evidence after having consulted the opinion of both parties outside of the court.

Relevant information shall be entered into court records.

Article 221 If the procurator requests for disclosure of evidence that has not been transferred to court before court hearing and the defending party objects, the chief judge shall ask the procurator to provide explanation for such request. Such request shall be granted if the court is convinced by the explanation.

If the defending party requests for more time to prepare because of the introduction of the new evidence, the court can declare adjournment and specify the period time that is granted to the defending party.

The previous previsions under this article apply when the request for disclosure of new evidence is submitted by the defending party.

Article 222 During the court hearing, to request the court to summon witness to testify in court or to collect new evidence or conduct new forensic examination or crime scene investigation, parties and their defenders or litigation advocates shall provide the name of the witness concerned and the place where the evidence is held in custody, indicate the fact that is expected to prove and explain the reasons for new forensic examination or crime scene investigation. The court shall grant the request, if it is considered necessary, and announce that the court hearing will be deferred. If the request is not granted, the court shall explain the reason and proceed with the court hearing.

If the circumstances described in Article 202 (1) of the Criminal Procedural Law are met for deferment of hearing, the court may submit an application to the higher court for approval.

If the court agrees to conduct new forensic examination, it shall designate the forensic examining body in a timely fashion and notify the conclusion of the new examination to the procuratorate, parties and their defenders of litigation advocates.

Article 223 During the court trial, if the procurator believes the case needs further investigation and suggests deferment of the adjudicative procedure, the collegial panel shall consent. Suggestion to deferment shall not be submitted to court for more than twice.

The court shall notify the defender or litigation advocate to read, hand-write selected texts and photocopy the new evidence that are submitted by the procuratorate after the extended investigation.

If the procuratorate could not submit the case to the court, upon the court¡¯s request, at the deadline of the extended investigation, and fail to provide explanation, the court shall consider the case is withdrawn by the procuratorate.

Article 224 When the court needs to collect evidence from the procuratorate for investigation and authentication, or evidence that may prove the innocence or mitigating circumstance of the defendant

Article 225 During the court hearing, the court shall investigate facts and evidence that may affect sentencing of the case.

The court shall examine whether the following circumstances exist which may affect sentencing, in addition to the mandatory circumstances that the court shall apply as prescribed by the law.

(1) cause of the case;

(2) whether the victim has fault and the extent of the fault, whether the victim is responsible for the escalation of the conflict and the degree of the responsibility;

(3) whether the immediate family of the defendant has assisted with the capture of the defendant;

(4) how the defendant behaves normally; whether the defendant has showed remorse for his act;

(5) whether and how much the illicit income has been returned or the victim compensated;

(6) whether the defendant has been forgiven by the victim or his/her immediate family members;

(7) other circumstances that may affect sentencing.

Article 226 During the court hearings, if the collegial panel discovers that the defendant may have come clean to the authority on his or her own initiative, or have confessed or have had other meritorious service that may affect the sentencing, the court shall notify the procuratorate to submit such evidence to the court.

During the court hearings, if the defendant provides information that may lead to the discovery of proof of new meritorious service, the court may suggest the procuratorate to conduct additional investigation.

Article 227 In cases where the defendant admits guilt, the court investigation shall focus on sentencing and other controversial issues once the court has ascertained that the defendant understands the offense and criminal facts that are alleged in the procurator¡¯s complaint, the voluntariness of his confession and its legal consequences.

In cases where the defendant does not admit guilt or his defender chooses a no-guilt defense, the court shall investigate facts that may affect sentencing after having ascertained the facts that may affect conviction.

Section Three Court Debate and Conclusive Statement

Article 228 Once the collegial panel has ascertained the facts, the chief judge shall declare the completion of the court investigation phase and announce the beginning of the session of court debate on facts that are related to conviction and sentencing, evidence and application of law.

Article 229 Court debate shall be moderated by the chief judge, in accordance to the sequence indicated below:

(1) procurator speaks;

(2) victim or his/her litigation advocate speaks;

(3) defendant speaks in his own defense;

(4) defender speaks;

(5) both parties engage in debate.

Article 230 The procuratorate may submit sentencing suggestion with reasoning. The suggested sentence shall have a maximum and minimum limit. Parties of the litigation and their defenders, litigation advocates may submit their own sentencing opinions with reasoning.

Article 231 In cases where the defendant has admitted guilt, the court may guide the debate to focus on sentencing and other controversial issues.

In cases where the defendant does not admit guilt or his defender chooses a no-guilt defense, the court shall guide the debate to focus on conviction first, followed by sentencing.

Article 232 Debate on the collateral civil action shall take place after the completion of the debate on the criminal action. Debate on the collateral civil action shall start by an oral statement by the party in the collateral civil action or his/her litigation advocate, followed by the response by the defendant of the collateral civil action or his/her litigation advocate.

Article 233 During the court debate, the chief judge shall allow sufficient opportunities for both parties to express their opinions, which shall not inhibit the judge from reminding or prohibiting either party from making irrelevant, repetitive or accusing statement.

Article 234 During the court debate, if the collegial panel discovers new facts relevant to conviction or sentencing, which, in the panel¡¯s opinion, warrants investigation, the chief judge may adjourn the court debate, resume court investigation and then resume court debate after the investigation on new facts has completed.

Article 235 After the chief judge announces the conclusion of the court debate, the collegial panel shall ensure that the defendant can sufficiently exercise his right to provide a final statement to the court. If the defendant addresses the same issue repetitively, the chief judge can interrupt and end the statement. The statement shall be ended if the content of the statement contains information defying the court or the procurator, harming the interest of other party or of the public, or being irrelevant to the case.

In court proceedings that are open to the public, the defendant¡¯s statement shall be interrupted and ended if the content of the statement involves state secrets, individual¡¯s privacy or commercial interests.

Article 236 If he defendant raises new fact or evidence during his/her final statement, which the collegial panel considers may affect the reach of a correct judgment, the court shall resume court investigation. If the defendant raises new reason of defense, which the collegial panel believes may affect the reach of a correct judgment, the court shall resume the court debate.

Section Four Case Deliberation and Announcement of Judgment

Article 237 After the defendant has concluded his final statement, the chief judge shall announce the adjournment of the court and the collegial panel shall start the deliberation of the case.

Article 238 All adjudicative activities during the trial shall be transcribed by the court clerk. The transcripts shall be reviewed by the chief judge and then signed by the chief judge and the court clerk.

Article 239 After the trial, court transcripts shall be handed to parties, their guardian ad litem, defender and litigation advocates for them to read or read to the above.

Transcribed testimony or opinions delivered by witnesses, forensic analysts or persons with special knowledge at court shall be given a chance to review the transcripts either by providing them the transcripts to read or to be read to them.

If any of the above listed parties believe certain parts have been missing in the transcripts or transcribed by mistake, he/she can request the court to enter the missing information or correct the mistake in the transcripts. Once verified, the party who submitted the request shall sign the transcripts. If the party refuses to sign, the refusal shall be recorded. Requests to change the testimony made at court shall be rejected.

Article 240 The collegial panel shall deliberate the case based on ascertained fact, evidence and relevant law. It shall decide whether the defendant is guilty, guilty for which offense, the existence of aggravating or mitigating circumstances, whether punishment is warranted and the severity of the punishment, how to decide on the collateral civil action, how to handle the sealed, seized, frozen assets and their accrued proceeds, after having sufficiently considered the opinions from both the procurator and the defense.

Article 241 For publicly prosecuted case at the first instance trial, the court shall render its judgment or decision according to the following circumstances respectively:

(1) if the alleged fact by the procurator is clear supported by ascertained and sufficient evidence, the court shall decide the alleged offense is established

and render a guilty judgment;

(2) if the alleged fact is clear supported by ascertained and sufficient evidence but the alleged offense is different from the offense established by the court, the court shall render a guilty judgment of the offense that is established by the court;

(3) if the fact of the case is clear supported by ascertained and sufficient evidence and the court decides that the defendant is innocent according to its interpretation of the law, the court shall render a judgment and announce the defendant is not guilty;

(4) if the court cannot decide the guilt of the defendant due to insufficient evidence, the court shall announce the defendant is not guilty on the grounds of insufficient evidence based on which the alleged offense cannot be established;

(5) if a part of the case has clear facts and supported by ascertained and sufficient evidence, the court shall decide whether the defendant is guilty or not guilty based on this part of the facts. The court shall make no decision on the part of case without clear facts or sufficient evidence;

(6) if the defendant is less than sixteen years old and not eligible for criminal punishment, the court shall decide and announce in its judgment that the defendant does not bear criminal responsibility;

(7) if the defendant is mentally ill, cannot identify or control his/her acts that result in social harm and hence shall not be held for criminal punishment, the court shall decide and announce in its judgment that the defendant does not bear criminal responsibility;

(8) if the prosecuted crime has passed the limits of statute and at the same time is not subject to mandatory prosecution or if the crime is exempted from prosecution through clemency, the court shall render a decision to terminate the adjudication;

(9) if the defendant is deceased, the court shall render a decision to terminate the adjudication. If the court is confident that the defendant is not guilty based on the ascertained facts and admitted evidence, the court shall render a judgment and announce the defendant is not guilty.

In the circumstance described in Article 241(2), the court shall hear the opinions from both parties and ensure the right to defense of the defendant and the defender. When necessary, the court can organize a new court hearing in which the parties will be given an opportunity to debate about the alleged crime has constituted which offense.

Article 242 Before the final judgment is announced, if the procurator requests to withdraw the complaint, the court shall examine the reason provided to support the request and decide whether the withdrawal will be granted.

Article 243 During the court trial, if the court discovers new fact that may affect conviction, the court can advise the procurator to add supplementary contents or adjustment to the complaint; if the procurator disagree or has not responded to the court¡¯s advice within seven days since the advice is made, the court shall decide the case based on the facts stated in the procurator¡¯s complaint according to Article 241 of this Judicial Interpretation.

Article 244 If a case falls in the circumstance described in Article 181(4) of this Judicial Interpretation, the court shall state in its judgment the circumstances that the defendant had been prosecuted but acquitted by the court because of insufficient evidence. If the court decision of the case is reached according to Article 195(3) of the Criminal Procedural Code, the court decision is not to be revoked.

Article 245 Members of the collegial panel shall sign their names on the transcript of the panel deliberation as well as on the court judgment or decision.

Article 246 Court decisions shall state the source of law that has been applied, explain the reasons that the decisions are based upon, reflect opinions of both parties and explain why the opinion is accepted or not accepted.

Article 247 If the court judgment is announced immediately following the trial, the judgment shall be delivered within five days after the announcement. If the court judgment is announced on a later date, the court shall announce in advance the date and place where the announcement will be made, summon the parties and notify the procurator, the guardian ad litem, the defender and the litigation advocate. The judgment shall be immediately delivered after the announcement.

Court judgments shall be delivered to people¡¯s procuratorate, parties, guardian ad litem, defenders and litigation advocates. It can also be delivered to the immediate family members of the defendant. After the judgment has been effectuated, it shall be delivered to the work unit that the defendant worked at or the precinct of the defendant¡¯s previous place of residence or the institution where the defendant¡¯s work unit was registered.

Article 248 Announcement of court judgment has to be open to the public. Absence of the procurator, defender, litigation advocate, victim, complainant in private prosecution or party in a collateral civil lawsuit shall not prevent the announcement from taking place.

When the judgment is announced, all attendants shall stand up.

Section Five Court Discipline and Other Rules

Article 249 During the court trial, participants of the litigation and the audience shall comply with the following rules:

(1) to comply with the instructions of the court and follow court etiquette;

(2) do not applaud, speak loudly, speak in a stirring manner, or wander around;

(3) do not audio-record, video-record or take photographs of court activities or broadcast the court activities through email, blog or micro-blog, with the exception for journalists who are approved by the court to conduct the above activities;

(4) the audience shall not speak or ask questions at the court;

(5) do not disturb court order.

Article 250 If any participant of the litigation or any person from the audience disturbs court order during the court trial, the chief judge shall make decisions according to the following circumstances:

(1) if the circumstance suggests insignificant consequence, the offender shall be warned and admonished and their conduct stopped;

(2) if the offender refuses to obey the court order, the court martial may be instructed to take them out of the court by force;

(3) if the circumstance suggests serious consequence, the offender can be fined with a sum below RMB 1,000 or subject to detention for less than 15 days, upon approval by the court president;

(4) if someone is found to audio-record, video-record or take photographs of court activities or broadcast court activities through email, blog or micro-blog without court approval, the court can confiscate the tapes or other data storage media as well as the equipment.

If the punished participants of the litigation or audience disagree with the court decision to fine or detain, they can bring the case directly to the next superior court and request for review or do so through the court which has placed the fine or the detaining order. In the latter case, the court shall submit the request for review, the court decision about the fine or the detention and relevant fact and evidence to the next superior court within three days since its receipt of the request to review from the applicant. During the review the enforcement of the court decision shall not be suspended.

Article 251 If a lawyer who serves as a defender or litigation advocate has serious disturbed the court order resulting being evicted from the court or sanctioned by the court with fine or detention, the court shall notify judicial administrative bodies about such conduct and recommend appropriate administrative sanction to be applied.

Article 252 Conduct including gathering crowds to disturb court order, insulting, libeling, threatening or physically abusing judicial officials or participants of litigation that constitutes a crime shall be subject to criminal investigation and punishment.

Article 253 If a defender who is evicted from the court or fined, detained because having committed the offense of disturbing court order and the defendant requests to defend for himself/herself, the court proceeding shall continue; if the defendant requests to engage another defender, or if the defendant is entitled to legal aid, the court shall be adjourned.

Article 254 If the defendant dismisses the defender and requests to engage another defender or to be assigned a lawyer by the court, the collegial panel shall grant the request. If no defender is available to replace the dismissed defender, the court shall be adjourned. The court proceeding may continue if the new defender is available.

In cases with multiple defendants, if no defender is available to replace the defenders dismissed by some of the defendants, the court can decide, with discretion according to the circumstance, to have separate trials for the defendants who are not represented and proceed with the court proceeding regarding other defendants who are represented.

When the court proceeding is resumed, if the defendant requests to dismiss the defender for the second time, the court shall grant the request. However, the defendant will not be allowed to retain or to be assigned a new defender but has to conduct defense by himself/herself.

If the defendant is entitled to legal aid and requests to dismiss the assigned defender for the second time when the court proceeding is resumed, the request shall not be granted.

Article 255 During the court trial, if the defender decides to withdraw his/her legal representation for the defendant, the court shall permit. Article 254 of this Interpretation shall apply when decisions are to be made regarding whether the court proceeding shall continue without interruption.

Article 256 If the defendant has chosen to replace his defender by engaging anew defender or by requesting the court to assign a lawyer, the court shall be adjourned for 15 days starting from the day when the announcement is made, during which time the defender can prepare for the case. The length of adjournment can be reduced is such a request is raised by the defendant or his/her defender voluntarily.

Article 257 In cases with multiple defendants, if some of the defendants meet the requirement prescribed in Article 200(1) of the Criminal Procedural Code, the court can either suspend the adjudication concerning all defendants or suspend the adjudication only concerning those defendants whose cases fall in the category described in Article 200(1) of the Criminal Procedural Code and continue the adjudication concerning other defendants.

The court can conduct separate court proceedings concerning those defendants whose cases have been suspended as described above.

Article 258 If the procurator regards that the court has violated certain procedures prescribed by law during its adjudication, the procurator can ask the court to rectify the violation through a written request. The court shall accept the request if it agrees with the opinion stated by the procurator.

Chapter 10 Trial Procedure in Private Prosecution Cases

Article 259 Private prosecution cases to be accepted by the people¡¯s courts must meet the following conditions:

(1) comply with Article 204 of the Criminal Procedure Law and Article 1of this Interpretation;

(2) fall within the jurisdiction of the court involved;

(3) the prosecution is brought by the victim;

(4) there are specific defendants, specific relief demanded and evidence proving the facts of the defendants¡¯ crimes.

Article 260 With respect to cases provided in Article 1 of this Interpretation, If the victim has died, is disabled or otherwise cannot prosecute due to coercion, intimidation, etc., or is partially disabled and cannot prosecute on their own behalf because of age, illness, blindness, deafness, muteness, etc., and the victims¡¯ legal representatives and close family members would prosecute or prosecute on behalf of the victim, the peoples¡¯ courts shall accept the cases in accordance with the law.

If the victims¡¯ legal representatives and close family members prosecute or prosecute on behalf of victim, they shall provide proof of their relationship to the victim and proof of the reasons why the victims cannot prosecute on their own behalf.

Article 261 To bring a private prosecution case, one must submit a criminal private prosecution complaint; to bring a parallel civil action, one must submit a civil-action incidental to a privately prosecuted criminal complaint.

Article 262 A private prosecution complaint shall include the following information:

(1) the names, gender, age, ethnicity, place of birth, education, occupation, employers, addresses and contact information of the plaintiff (or person representing the plaintiff) and the defendant.

(2) the time, place, cause, circumstances, injury, etc. of the crime committed by the defendant;

(3) the specific relief demanded;

(4) the people¡¯s court where the complaint will be submitted and time that the complaint will be submitted;

(5) the name of all evidence, and where it was obtained, etc. ;

(6) names, addresses, contact information, etc. of the witnesses.

If a private prosecution is brought against two or more defendants, copies of the private prosecution complaints shall be provided according to the number of defendants.

Article 263 With respect to private prosecution cases, the people¡¯s courts shall complete their review within fifteen days. For cases, after review that are found to meet the conditions for acceptance, the people¡¯s courts shall open a case file, and notify in writing the private prosecution plaintiff or his representative.

If one of the following situations are present, the people¡¯s court shall convince the private prosecution plaintiff to withdraw their complaint; if the private prosecution plaintiff does not withdraw the complaint, [people¡¯s courts]shall not accept the case:

(1) the case does not fall within the cases as stated in Article 1 of this Interpretation;

(2) evidence of a crime is lacking;

(3) the statute of limitations for prosecuting the crime has lapsed;

(4) the defendant is dead;

(5) the defendant is unaccounted for;

(6) except for cases that have been withdrawn due to lack of evidence, when the private prosecution plaintiff has withdrawn the complaint and re-files another complaint based on the same facts;

(7) after the people¡¯s court has mediated and closed the case, but the private prosecution plaintiff renounced the mediation and re-files a complaint based on the same facts.

Article 264 With respect to a private prosecution case that is already filed but upon review is found to lack evidence of a crime and the private prosecution plaintiff is unable to provide supplemental evidence, the people¡¯s court shall convince the private prosecution plaintiff to withdraw or dismiss the complaint; if after the private prosecution plaintiff withdraws the complaint or the complaint is dismissed, but the private prosecution plaintiff can later provide new evidence that is sufficient to prove the defendant¡¯s guilt, and brings another private-prosecution case, the people¡¯s court shall accept the case.

Article 265 If a private prosecution plaintiff does not agree with the refusal to accept or the dismissal of their complaint, they can appeal.

If the people¡¯s court of appeals finds that the trial-level people¡¯s court¡¯s refusal to accept a case is in error, it shall reverse the original decision and at the same time instruct the trial-level people¡¯s court to accept and open a case file; if it finds that the trial-level people¡¯s court¡¯s dismissal of the complaint is in error, it shall reverse the original decision and at the same time instruct the trial-level people¡¯s court to proceed with the case.

Article 266 If a private prosecution plaintiff knows of the existence of other offending parties but only brings a private prosecution against some of the offending parties, the people¡¯s court shall accept the case and inform the private prosecution plaintiff of the legal consequence of waiving the private prosecution for all offending parties; if the private prosecution plaintiff waives prosecuting all offending parties but, after judgment is declared, brings another private prosecution against a contributing offending party based on the same set of facts, the people¡¯s court is not to accept the case.

If only some of the victims of a crime bring a private-prosecution, the people¡¯s court shall notify the other victims to participate in the case and inform them of the legal consequences if they do not participate. If the notified parties, after receiving the notification, expressly choose not to participate in the case or do not appear in court, they will be deemed to have abandoned the private prosecution. After the trial judgment is declared, if the notified parties bring a private prosecution based on the same set of facts, the people¡¯s court is not to accept the case. However, a civil action brought separately by the parties is not subject to the limitations of this Interpretation.

Article 267 If a defendant commits two criminal acts, which are subject to both public-prosecution and private prosecutions, the people¡¯s court may hear the cases together. The rules of this Chapter apply to trials brought under a private prosecution.

Article 268 If a party to a private prosecution case cannot obtain certain evidence due to objective reasons and applies to a people¡¯s court to obtain the evidence, it shall state the reasons and provide relevant leads or materials. If the people¡¯s court believes that it is necessary, the people¡¯s court shall obtain the evidence in a timely manner.

Article 269 With respect to private prosecution cases where the facts of a crime are clear and there is sufficient evidence, the cases shall be tried in open court.

Article 270 If a private prosecution case meets the conditions for simplified procedure, it may be tried according to the simplified procedure.

With respect to private prosecution cases where the simplified procedure is not applicable, they shall be tried using the relevant rules governing normal trial procedures of public prosecution cases as reference.

Article 271 In hearing a private prosecution case, the people¡¯s court may, on the basis of establishing facts clearly and recognizing the just and unjust, mediate based on voluntary and legal principles. If the mediation results in an agreement, the people¡¯s court shall make a criminal mediation agreement, to be signed by the judge and clerk and stamped with the people¡¯s court¡¯s seal. The criminal mediation agreement has legal effect when both parties sign to acknowledge receipt. If the mediation does not result in an agreement or a party renounces it, the people¡¯s court shall make a timely judgment.

Mediation does not apply to cases provided in Article 204 Item 3 of the

Criminal Procedure Law.

Article 272 Before judgment is announced, parties to a private prosecution case may settle on their own initiative, and the private prosecution plaintiff may withdraw the prosecution complaint.

If the people¡¯s court upon review believes that the settlement and withdrawal of a private prosecution complaint was indeed voluntary, it shall approve the settlement; if it believes that the settlement was not made voluntarily and made under coercion, intimidation, etc., it shall not approve the settlement.

Article 273 In private prosecution cases where withdrawal of complaint is approved or parties settle on their own initiative and where the defendant is subject to compulsory measures, the people¡¯s courts shall immediately apply relief.

Article 274 If a private prosecution plaintiff refuses to appear at a court proceeding without justifiable reasons after two notices are given, or leaves during a court proceeding without the court¡¯s approval, the people¡¯s court shall hold that the complaint has been withdrawn.

The fact that some of the private prosecution plaintiffs withdraw their complaints or decide to have their complaints withdrawn does not prevent the case from continuing to be tried.

Article 275 If the defendant cannot be found during the proceedings of a private prosecution case, the people¡¯s court shall suspend the proceedings. After the defendant appears in court, the people¡¯s court shall resume the proceedings and shall impose compulsory measures on the defendant when necessary.

Article 276 With respect to private prosecution cases, the people¡¯s court shall enter judgment according to Article 195 of the Criminal Procedure Law and Article 241 of this Interpretation; with respect to cases where the defendant is declared innocent according to the law, the people¡¯s court shall mediate any parallel civil action according to the law or enter a judgment together.

Article 277 In minor criminal cases that are only accepted upon the victim¡¯s complaint and minor criminal cases where the victim has evidence, the defendant or the defendant¡¯s legal representative may, during the litigation process, bring counter-claims against the private prosecution plaintiff. Counter-claims must meet the following conditions:

(1) the target of counter-claim must be the private prosecution plaintiff in the same case;

(2) the content of the counter-claim must be conduct related to the same case;

(3) the counter-claim action must comply with the rules of Article 1 Items1 and 2 of this Interpretation.

The rules governing private prosecution cases apply to any counter-claim cases, and shall be judged together with private prosecution case. The private prosecution plaintiff¡¯s withdrawal of a complaint does not prevent the counter-claim case from continuing to be tried.

Chapter 11 Trial of Cases involving Unit Crimes

Article 278 When accepting a case that involves a unit crime, in addition to examining in accordance with relevant rules under Article 180 of this Interpretation, the people¡¯s court shall also examine whether the indictment has provided the name, place of domicile, contact information, authorized agent for litigation, chief leader of the defendant unit, and the name, position and contact information of the authorized agent for litigation appearing in court on behalf of the defendant unit. If additional material is needed, [the people¡¯s court] shall inform the people¡¯s procuratorate to submit supplementary material within 3days.

Article 279 The authorized agent for litigation for the defendant unit shall be its legal representative or chief leader; If the legal representative or the chief leader is accused to be the principal person that bears the direct responsibility for the unit crime, or is not able to appear in court due to an objective reason, the defendant unit shall entrust other leader or employee to be its authorized agent for litigation However, this does not apply if relevant persons are also accused of bearing the direct responsibility for the unit crime or possess knowledge about the case and have the obligation to serve as witnesses.

Article 280 When trying a case that involves a unit crime in open court, the authorized agent for litigation for the defendant unit shall be informed to appear in court; if no legal representative participates in the litigation, [the court] shall require the people¡¯s procuratorate to designate one.

A case, where the authorized agent for litigation for the defendant unit refuses to appear in court, shall be handled respectively according to the following circumstances:

(1) where a litigation representative is the legal representative or the chief leader of the defendant unit, and refuses to appear in court without any justified reason, the person may be summoned for compelled appearance; where the absence is due to an objective reason or the person¡¯s whereabouts is unknown, the people¡¯s procuratorate shall be required to designate another person as the litigation representative;

(2) where the authorized agent for litigation is any other person from the defendant unit, the people¡¯s procuratorate shall be required to designate another person as the litigation representative to attend the court session.

Article 281 The authorized agent for litigation for a defendant unit shall enjoy procedural rights a defendant is entitled to under relevant Articles of the Criminal Procedure Law. During a hearing, the authorized agent for litigation shall be seated along with the defender in front of the judge¡¯s bench on the left.

Article 282 Where the defendant unit retains a defender, relevant rules of this Interpretation shall apply.

Article 283 If a case, which shall have been determined as one that involves a unit crime, is being prosecuted by the people¡¯s procuratorate as one involving only crimes committed by individuals, the people¡¯s court shall suggest the people¡¯s procuratorate institute a supplementary indictment against the unit criminal suspect. Where the people¡¯s procuratorate nonetheless brings a charge on the basis of a crime committed by individuals, the people¡¯s court shall try the case according to law, criminal liability shall be investigated against the principal person bearing the direct responsibility or other directly responsible persons, and apply specific provisions of the Criminal Law regarding the criminal liability for the principal person bearing the direct responsibility or other directly responsible persons shall be referred to and cited.

Article 284 For the illegal gain and the interest thereof received by the defendant unit that has not been recovered or seized, impounded or frozen according to law, the people¡¯s court shall make a decision to recover, or seize, impound or freeze.

Article 285 In order to ensure the enforcement of a judgment, the people¡¯s court may seize, impound or freeze the property of the defendant unit ex ante, or[require] the defendant unit to post a bond.

Article 286 Where the defendant unit is revoked or deregistered has its business registration suspended or is declared bankrupt during the trial period, the trial of the principal person bearing the direct responsibility and other directly responsible persons shall continue.

Article 287 Where the defendant unit undergoes merges or spin-offs during the trial period, the original unit shall be listed as the defendant unit, and the merges or spin-offs shall be recorded. The amount of a fine against the original unit shall be limited to its property and gain received in the new unit.

Article 288 When trying a case that involves a unit crime, for issues not prescribed under this Chapter, other relevant rules in this Interpretation shall apply.

Chapter 12 Simplified Procedure

Article 289 After a Basic People¡¯s Court accepts a public prosecution case, if the facts of the case are verified to be clear and the evidence is verified to be sufficient, the defendant, when he or she is served with a copy of the indictment, shall be inquired about his or her opinion towards the facts of the crime charged, and informed of the legal rules regarding application of the simplified procedure. Where the defendant raises no objection to the facts of the crime charged and agrees to the application of the simplified procedure, the simplified procedure may be applied, and the people¡¯s procuratorate and defender shall be informed accordingly before the open court session.

Where the simplified procedure is recommended by the people¡¯s procuratorate in a case, the above article shall apply; the people¡¯s procuratorate shall be notified if the case does not meet the conditions for the application of simplified procedure.

Article 290 Under any of the following circumstances, the simplified procedure does not apply:

(1) the defendant is blind, deaf or dumb;

(2) the defendant is a mentally ill person who has not completely lost the ability to identify or control his or her behavior;

(3) the case has significant social impact;

(4) the case involves joint crime and some defendant pleads not guilty or raises objection to the application of simplified procedure;

(5) the defender makes a not-guilty defense for the defendant;

(6) the defendant pleads guilty but [the court] after reviewing [the case]decides that his or her action does not constitute a crime;

(7) Other circumstances that the application of simplified procedure is otherwise unsuitable.

Article 291 For a case applying the simplified procedure, if conditions under Article 34, Paragraph 1 of the Criminal Procedure Law are met, the people¡¯s court shall inform the defendant and his or her immediate family member that they may apply for legal aid.

Article 292 For a case of which the application of simplified procedure is appropriate, the people¡¯s court shall notify the people¡¯s procuratorate, the private prosecutor, the defendant, the defender of the time and location of the court session 3 days before the hearing, and the people¡¯s court may also notify other litigation participants.

The notification may be conducted through a convenient method, but shall be noted in the case file.

Article 293 For a case of which the application of the simplified procedure is appropriate, if the defendant has retained a defender, the defender shall be notified to appear in court for the trial.

Article 294 For a case of which the application of the simplified procedure is appropriate, the presiding judge or the single judge shall ask for the defendant¡¯s opinion towards the facts of the crime charged, inform the defendant legal rules regarding the application of the simplified procedure, and ascertain whether the defendant agrees on the application of the simplified procedure.

Article 295 For a case of which the application of the simplified procedure is appropriate, the trial procedure may be simplified as follows:

(1) the public prosecutor may read the summary of the indictment;

(2) the public prosecutor, defender, or judge may simplify or skip the interrogation or questioning of the defendant;

(3) for evidence not disputed by both prosecution and defense, [the court]may only explain the name of the evidence and the issue it is proposed to prove; where either prosecution or defense raises an objection, or the court deems it necessary to investigate and verify, the evidence shall be presented and cross-examined;

(4) where both prosecution and defense do not raise objections to facts or evidence relevant to the conviction and sentencing, the trial may be conducted in such a manner to directly focus on the issue of conviction and sentencing.

For a case applying the simplified procedure, the defendant¡¯s closing statement shall be heard before a ruling is announced.

Article 296 When a case is tried by a single judge and the simplified procedure is applied, [the judge] after discovering during the trial that the defendant could be sentenced to prison for a term longer than 3 years, shall transfer the case to be tried by a collegial bench.

Article 297 In general, the judgment for a case applying the simplified procedure shall generally be announced in court session.

Article 298 A case applying the simplified procedure shall be switched to be tried following ordinary procedure under any of the following circumstances during the trial:

(1) defendant¡¯s action may not constitute a crime;

(2) defendant may not be subject to criminal liability;

(3) defendant denies the facts of the crime charged in the indictment in court;

(4) the facts of the case are unclear or the evidence is insufficient;

(5) the application of the simplified procedure is otherwise unsuitable or unjustified.

For a case switching to the ordinary procedure, the trial period shall begin to count starting on the day the decision to apply ordinary procedure is made.

Chapter 13 Procedures for Second Instance

Article 299 When announcing a judgment or ruling of first instance, a local people¡¯s court at any level shall notify the defendant, private prosecutor or his agent ad litem of the right to appeal in writing or orally within the statutory time limit to the same people¡¯s court or the people¡¯s court at the next higher level if he or she refuses to accept the judgment or ruling; with the consent of the defendant, the defense advocate or the defendant¡¯s immediate family members may also appeal; a party to a related civil action or his agent ad litem may appeal against the portion on the related civil action in the judgment or ruling.

Whether a defendant, private prosecutor, related civil action party or his agent ad litem has filed an appeal shall be determined by the last expression of intent before the statutory time limit for appeal expires.

Article 300 A case of appeal accepted by a people¡¯s court generally shall include the original and duplicate appeal petition.

An appeal petition shall include: docket number of the written judgment or ruling of first instance and the time that an appellant receives the judgment or ruling, name of the people¡¯s court of first instance, the petition and ground for the appeal, and the date of the submission of the appeal. The defense advocate or the defendant¡¯s immediate family members who appeal with defendant¡¯s consent shall also state clearly in writing his or her relationship with the defendant and shall put the defendant as the appellant.

Article 301 An appeal or a prosecutorial appeal must be submitted within the statutory time limit. The time limit to submit an appeal or a prosecutorial appeal against a judgment is 10 days; the time limit to submit an appeal or a prosecutorial appeal against a ruling is 5 days. The time limit for appeal or a prosecutorial appeal shall be counted from the day after the written judgment or ruling is received.

The time limit for an appeal or a prosecutorial appeal against a judgment or ruling on a related civil action shall be the same time limit as for that against the criminal portion. The time limit for an appeal or a prosecutorial appeal against a related civil action that is separately adjudicated shall be the time limit prescribed by the Criminal Procedure Law.

Article 302 If an appellant submits an appeal to a people¡¯s court of first instance, the people¡¯s court of first instance shall examine the appeal. The appeal petition shall be transferred along with the case file and the evidence to a people¡¯s court at the next higher level within 3 days after the time limit for appeal expires, and a duplicate of the appeal petition shall be delivered to a people¡¯s procuratorate at the same level and to the opposite party.

Article 303 If an appellant appeals directly to a people¡¯s court of second instance, the people¡¯s court of second instance shall deliver the appeal petition to the people¡¯s court of first instance within 3 days after the receipt of the appeal petition. The people¡¯s court of first instance shall examine whether the appeal complies with legal requirements. If legal requirements are met, the appeal petition shall be transferred along with the case file and the evidence to a people¡¯s court at the next higher level within 3 days after the receipt of the appeal petition, and a duplicate of the appeal petition shall be delivered to the people¡¯s procuratorate at the same level and to the opposite party.

Article 304 If an appellant, within the time limit for appeal, requests to withdraw an appeal, a people¡¯s court shall permit the request.

Article 305 If an appellant requests to withdraw an appeal after the time limit for appeal has expired, a people¡¯s court of second instance shall examine the request. After review, if the original judgment is determined to be correct on the finding of facts and the application of law and appropriate on the meting out of the punishment, a permission shall be granted to the request for withdrawal of the appeal; if the finding of facts is determined to be unclear or evidence not sufficient in the original judgment, or a guilty verdict was rendered on an innocent or a heavy punishment was imposed for a lighter offense, permission shall not be given and the court shall continue to adjudicate the case in accordance with the appellate procedure.

If a defendant sentenced to death with immediate execution appeals and petitions to withdraw the appeal before a people¡¯s court of second instance issues a judgment, permission shall not be given to the request for withdrawal and the court shall continue to adjudicate the case in accordance with the appellate procedure.

Article 306 If a local people¡¯s procuratorate at any level issues a prosecutorial appeal against a judgment or ruling of first instance by a people¡¯s court at the same level, it shall submit a written protest to the people¡¯s court of first instance. The people¡¯s court of first instance shall transfer the written protest along with the case file and the evidence to a people¡¯s court at the next higher level and deliver a duplicate of the written protest to the parties within 3 days after the time limit for the prosecutorial appeal expires.

Article 307 If a people¡¯s procuratorate withdraws a prosecutorial appeal before the expiration of the time limit for the prosecutorial appeal, the people¡¯s court of first instance no longer transfers the case to the people¡¯s court at the next higher level; if a people¡¯s procuratorate withdraws a prosecutorial appeal after a people¡¯s court of second instance announces a judgment, the people¡¯s court of second instance may issue a ruling to grant permission, , and notifies the people¡¯s court of first instance and parties.

Article 308 If an appeal or a prosecutorial appeal is withdrawn before the expiration of the time limit for the appeal or the prosecutorial appeal, the judgment or ruling of the people¡¯s court of first instance becomes effective on the day that the time limit for the appeal or the prosecutorial appeal expires. If an appeal or a prosecutorial appeal is withdrawn after the expiration of the time limit for the appeal or the prosecutorial appeal and the people¡¯s court of second instance issues a ruling to permit the appeal or the prosecutorial appeal, the judgment or ruling of the people¡¯s court of first instance becomes effective on the date that the order of the people¡¯s court of second instance is delivered to the appellant or to the protesting procuratorate organ.

Article 309 A people¡¯s court of second instance shall examine whether the case file and the evidence of an appeal or a prosecutorial appeal transferred over by the people¡¯s court of first instance include the following contents:

(1) a letter transferring an appeal or a prosecutorial appeal of a case;

(2) an appeal petition or a written protest;

(3) written judgment or order of first instance in 8 copies (add one more copy for each additional defendant) and an electronic copy;

(4) the entire case file and evidence, including case adjudication report and any other documents that shall be transferred.

If the transfer of all the documents listed above is complete, the people¡¯s court of second instance shall accept the appeal; if the transfer of all the documents listed above is not complete, the people¡¯s court of second instance shall notify the people¡¯s court of first instance to supplement the transferred material in a timely manner.

Article 310 A people¡¯s court of second instance, when adjudicating an appeal or a prosecutorial appeal of a case, shall perform a complete review of the judgment or ruling of the people¡¯s court of first instance on the determination of facts and the application of law, not limited to the scope of the appeal or the prosecutorial appeal.

Article 311 In a case of joint crime, if only some of the defendants submit an appeal, or if a private prosecutor only appeals the judgment on some of the defendants, or a people¡¯s procuratorate only files a prosecutorial appeal against judgment on some of the defendants, a people¡¯s court of second instance shall review and determine the case in its entirety.

Article 312 In a case of joint crime, when the appellant died and the other defendants did not appeal, the people¡¯s court of second instance shall still review the entire case. After review, if it is determined that the deceased appellant did not commit a crime, he or she shall be acquitted; if it is determined that the deceased appellant has committed a crime, the review shall be ended. The people¡¯s court shall still issue a judgment or ruling on the other co-defendants.

Article 313 In a case with a related civil action, when only the party to the related civil action and his or her agent ad litem appeal, the people¡¯s court of second instance shall review the entire case. After review, if no inappropriateness is found on the criminal portion of the judgment of the first instance, the people¡¯s court of second instance only needs to decide on the related civil action; if the facts are clear and the application of law is appropriate in the judgment of the first instance on the related civil action, the people¡¯s court of second instance shall issue a ruling to sustain the original judgment and reject the appeal.

Article 314 In a case with a related civil action, when only the party to the related civil action and his or her agent ad litem appeal, the judgment of the first instance on the criminal portion comes into effect upon the expiration of the time limit for appeal.

When the criminal defendant in the first instance ought to be sent to prison is the defendant of the related civil action in the second instance, the transfer to prison may be suspended until the judgment on the related civil action is rendered by the people¡¯s court of second instance

Article 315 The following contents shall be reviewed closely for an appeal or a prosecutorial appeal case:

(1) whether the facts determined in the judgment of the first instance are clear, whether evidence is indubitable and sufficient;

(2) whether the application of law is appropriate in the judgment of first instance, whether the sentencing is proper;

(3) whether the litigation procedure law was violated in the first instance during the course of investigation, review for indictment or trial proceeding;

(4) whether any new fact or evidence is provided in the appeal or the prosecutorial appeal;

(5) defendant¡¯s confession and defense;

(6) opinions by defense advocate and how it is credited by the court;

(7) whether the judgment or ruling on the related civil action is legitimate and appropriate;

(8) opinions arising out of the discussion by the collegial panel or the adjudication committee of the first instance.

Article 316 During the period of second instance, in addition to self-defense, a defendant may continue to retain the defense advocate from the first instance or may retain another defense advocate.

In a case of joint crime, when only some of the defendants appeal or a private prosecutor appeals only against the judgment on some of the defendants, or the people¡¯s procuratorate files a prosecutorial appeal only against the judgment on some of the defendants, the other co-defendants may retain defense advocates as well.

Article 317 In accordance with Article 223 of the Criminal Procedure Law, the following cases shall be adjudicated in open court:

(1) where a defendant, a private prosecutor and his agent ad litem objects against the facts and evidence determined in the first instance, that may affect a conviction or sentencing of the case;

(2) where the defendant was sentenced to death with immediate execution;

(3) the case is the subject of prosecutorial appeal by a people¡¯s procuratorate;

(4) any other cases that shall be adjudicated in open court.

When a defendant sentenced to death with immediate execution does not appeal, but a co-defendant appeals, a people¡¯s court of second instance shall adjudicate the case in open court.

When defendant sentenced to death sentence with reprieve appeals, even if it is not a case that falls under category (1) of paragraph 1, shall still be heard in an open court if circumstance permits.

Article 318 There is no requirement to hear an appeal or a prosecutorial appeal in an open court, when a people¡¯s court of second instance, after reviewing, deems that the facts were not clear, the evidence was not sufficient in the original judgment, or there was a violation of statutory litigation procedure prescribed in Article 227 of the Criminal Procedure Law, and it is necessary to remand the case to the lower court for retrial.

Article 319 During the period of second instance, when a people¡¯s procuratorate or a defendant and his defense advocate submits new evidence, the People¡¯s Court shall notify the opposite party timely for consult, extract or duplicate.

Article 320 To hold a hearing on the second instance in a public prosecution case, the people¡¯s procuratorate shall be timely notified for consultation of case file after the decision to try in open court is made. Starting on the second day after the notification, the consult time by the people¡¯s procuratorate shall not be counted against the maximum time allowed for the trial.

Article 321 For appeals or prosecutorial appeals against public prosecutions, a people¡¯s procuratorate at the same level shall be notified to send a prosecutor to appear before the court.

For cases of prosecutorial appeals, if the people¡¯s procuratorate, upon receipt of the notification of court hearing, does not send a procurator to appear before the court and no explanations are provided, the people¡¯s court may treat it as a withdrawal of prosecutorial appeal by the people¡¯s procuratorate and issue a ruling accordingly, and notify the people¡¯s court of first instance and parties.

Article 322 When adjudicating an appeal or a prosecutorial appeal in open court, in addition to referring to relevant provisions of the procedures for first instance, the following provisions shall be adhered to:

(1) during the course of court investigation, after an adjudication personnel reads aloud the judgment or ruling of first instance, for appeals, the appellant or his or her defense advocate reads aloud the appeal petition or state the ground for appeal first, for prosecutorial appeals, a procurator reads aloud the written protest first; for cases with both appeal and prosecutorial appeal, a procurator reads aloud the written protest first, then the appellant or his or her defense advocate reads aloud the appeal petition or the ground for appeal;

(2) during the course of court debate, for appeals, the appellant or his or her defense advocate speaks first followed by a procurator or a litigation advocate; for prosecutorial appeal cases, the procurator or a litigation advocate speaks, followed by the appellant or his or her defense advocate; for cases with both appeal and prosecutorial appeal, the procurator or a litigation advocate speaks first, followed by the appellant or his or her defense advocate.

Article 323 An open court hearing for an appeal or a prosecutorial appeal may focus on the controversial issue or the questionable section of the judgment or ruling of first instance. May hear the case in the following ways based on case circumstances:

(1) when reading aloud the judgment of first instance, [a people¡¯s court of second instance] may only read aloud the reason of the case, principle facts, the title of the evidence and the main text of the ruling;

(2) court investigation shall focus on the facts and evidence upon which objections to the judgment of first instance are based, and new evidence provided, etc; may affirm the facts, evidence and circumstances not objected to directly;

(3) [a people¡¯s court of second instance] may not summon co-defendant who did not appeal, if the person were not asked to appear before the court or the people¡¯s court believes that he or she do not need to appear before the court ;

(4) for a case where a defendant commits multiple crimes, there is no need to hear an appeal in open court on the crime that facts are clear and not objected to;

When a defendant whose case is heard in the same hearing, but did not file an appeal and against whom the people¡¯s procuratorate did not file a prosecutorial appeal, requests to appear before the people¡¯s court, the people¡¯s court shall permit the request. The defendant who appears before the court may participate in court investigation and court debate.

Article 324 For second instance cases that are not required by law to be adjudicated in open court, the court shall nonetheless interrogate the defendant and hear the opinions of other parties, defense advocates and litigation advocates. All the members of the collegial panel shall read the case file and shall, When necessary, submit written opinions regarding the case file.

Article 325 When adjudicating an appeal filed by a defendant or his or her agent ad litem, defense advocate or immediate family members, a heavier punishment shall not be imposed upon the defendant, and the following provisions shall be adhered to:

(1) when only some of the defendants appeal, neither the defendant nor the other co-defendants shall be subject to heavier punishment;

(2) when the determination of the fact is clear, the evidence is indubitable and sufficient in the original judgment, but only the determination of the name of the offense is inappropriate, the name of the offense may be changed, but a heavier punishment shall not be imposed;

(3) when the original judgment imposes combined punishments for multiple crimes, a punishment heavier than the combined punishments to be executed, or heavier than that imposed for any one of the multiple crimes shall not be imposed;

(4) when the original judgment imposes a suspended sentence with probation, the probation shall not be revoked and the probation period for suspension shall not be prolonged.

(5) when the original judgment does not issue an injunction, an injunction shall not be added; when the original judgment issued an injunction, addition shall not be made to the content or the time period.

(6) when the original judgment sentenced the defendant to death sentence with reprieve with no restriction on sentence reduction, sentence reduction shall not be imposed;

(7) when the determination of facts is clear and evidence is indubitable and sufficient in the original judgment, but the punishment is abnormally light or fails to impose a supplementary sentence that shall have been imposed, a heavier punishment shall not be directly imposed, neither shall a supplementary punishment be directly applied, nor shall the case be remanded to the people¡¯s court of first instance for retrial based on unclear determination of facts or insufficient evidence. For a case which modification of judgment is legally required, [the people¡¯s court] it shall be re-adjudicated in accordance with the trial supervision procedure after the judgment or ruling of the second instance becomes effective.

The aforementioned provisions do not apply to a case of prosecutorial appeal filed by a people¡¯s procuratorate or a case of defense appeal filed by a private prosecutor.

Article 326 When a people¡¯s procuratorate only files prosecutorial appeal against the judgments on some of the defendants, or when a private prosecutor only appeals on the judgments on some of the defendants, a people¡¯s court of second instance shall not impose a heavier punishment on the other co-defendants.

Article 327 For appeals filed by the defendant or his agent ad litem, defense advocate, immediate family members, after the case is remanded for retrial by a people¡¯s court of second instance, the people¡¯s court of first instance shall not impose a heavier sentence on the defendants, except for cases with new facts of crimes committed or where the people¡¯s procuratorate amends the prosecution.

Article 328 After a people¡¯s court of second instance remands the case for retrial because of unclear determination of facts or insufficient evidence and the people¡¯s court that originally tried the case issues a new judgment, the defendant appeals or the people¡¯s procuratorate files a prosecutorial appeal, the people¡¯s court of second instance shall issue a judgment or ruling, in accordance with the law, and shall not again remand the case for retrial.

Article 329 A people¡¯s court of second instance, after discovering one of the circumstance prescribed by Article 327 of the Criminal Procedure Law or violation of Article 328 during the course of re-adjudication by the people¡¯s court that originally tried the case, shall issue a ruling to revoke the original judgment and remand the case for retrial.

Article 330 When a people¡¯s court of second instance hears an appeal or a prosecutorial appeal against the criminal portion of a case with an effective judgment on the related civil action, and discovers an error of the original judgment or ruling on the related civil action, it shall correct the judgment on the related civil action in accordance with the procedure for trial supervision.

Article 331 When the people¡¯s court of second instance hears an appeal against a related civil action of a case with an effective judgment on the criminal portion, and discovers an error of the original judgment or ruling on the criminal portion, it shall rehear the criminal portion in accordance with the procedure for trial supervision, and adjudicate the criminal portion along with the related civil

action.

Article 332 During the course of second instance, if a plaintiff of a related civil action of the case of first instance requests to add an independent claim or a defendant of a related civil action of the case of the first instance submits a counterclaim, a people¡¯s court of second instance may conduct mediation based on the principles of voluntariness and legitimacy; if mediation fails, the parties shall be notified to file a lawsuit separately.

Article 333 For private prosecution cases of second instance, mediation is allowed if necessary, and voluntary reconciliation by parties is also allowed. If a case concludes through mediation, a mediation statement shall be produced and the judgment or ruling of first instance deemed automatically revoked; when parties voluntarily reconcile, a ruling shall be issued to permit the withdrawal of the private prosecution and revoke the judgment or ruling of first instance.

Article 334 During the course of second instance, parties of private prosecution cases who file a counterclaim shall be notified to file a lawsuit separately.

Article 335 A people¡¯s court of second instance may entrust a people¡¯s court of first instance to announce a judgment and deliver the written judgment or ruling of the second instance to the parties. A people¡¯s court of first instance shall, within 5 days of the announcement of the judgment, deliver the written records of the announcement to the people¡¯s court of second instance and forward the receipt of delivery to the people¡¯s court of second instance promptly after the delivery.

In the case of entrusting announcement of judgments, a people¡¯s court of second instance shall deliver the written judgment or ruling of second instance directly to the people¡¯s procuratorate at the same level.

Chapter 14 Procedure for Approval of Below-Statutory-Minimum Sentences and Parole under Special Circumstances

Article 336 Cases where a sentence that is less than the statutory minimum prescribed by law is rendered and are hence subject to approval of the Supreme People¡¯s Court shall be handled accordingly in each of the following circumstances:

(1) a case in which the defendant doesn¡¯t appeal and the people¡¯s procuratorate doesn¡¯t protest shall be submitted to a people¡¯s court at the next higher level for review within 3 days of the expiration of the time limit for appeal and protest. Where the people¡¯s court at the next higher level assents to the original judgment, a written request for approving the case shall be submitted to a people¡¯s court at the next higher level and all the way up until it reaches the Supreme People¡¯s Court; where [the Supreme People¡¯s Court] disapproves the case, [the Supreme People¡¯s Court] shall remand the case for retrial or grant the jurisdiction over the case to a different court for the case to be re-adjudicated according to first instance procedures. Where the original judgment is delivered by a people¡¯s court at the grassroots level, a higher people¡¯s court may designate an intermediate people¡¯s court to re-adjudicate the case according to first instance procedures;

(2) a case in which the defendant appeals or the people¡¯s procuratorate protests shall be adjudicated according to second instance procedures. Where the original judgment is affirmed, or where it is modified but the modified punishment remains less than the statutory minimum prescribed by law, a request for approval shall be submitted level by level to people¡¯s courts at higher levels until it reaches the Supreme People¡¯s Court according to the procedure set out in Subparagraph (1).

Article 337 When requesting approval of the Supreme People's Court for a case in which the punishment imposed is less than the statutory minimum prescribed by law, five copies of both the judgment and a written report requesting for approval shall be submitted [to the Supreme Court] along with all case files and evidence of the case.

Article 338 Where the Supreme People¡¯s Court approves a case in which the punishment imposed is less than the statutory minimum prescribed by law, [the Supreme People¡¯s Court] shall issue a written ruling of approval; where a case is disapproved, [the Supreme People¡¯s Court] shall issue a written ruling of disapproval, overturn the original judgment or ruling and either remand the case to the original court for re-adjudication or designate a different lower-level people¡¯s court to re-adjudicate the case.

Article 339 Where a case is remanded to the people¡¯s court of second instance for re-adjudication under Article 336 and Article 336 of this Interpretation, the people¡¯s court of second instance may directly modify the judgment; [the people¡¯s court of second instance] shall hear the case in open court when the clarification of facts, verification of evidence or rectification of procedural improprieties of the original adjudication must be done through open court hearings.

Article 340 When reviewing cases in which the punishment imposed is less than the statutory minimum prescribed by law, the Supreme People¡¯s Court and people¡¯s courts at levels above the original trial court shall reference to Article232 of the Criminal Procedure Law.

Article 341 Cases where the parole is not subject to limitations on the jail term actually served and are hence subject to approval by the Supreme People¡¯s Court shall be handled accordingly in each of the following circumstances:

(1) an intermediate people¡¯s court, after making a ruling to grant parole according to law, shall submit the parole ruling to a higher people¡¯s court for review and approval. Where the higher people¡¯s court approves the parole, the ruling shall be submitted to the Supreme People¡¯s Court for review and approval; where the higher people¡¯s court disapproves the parole, [the higher people¡¯s court] shall rule to revoke the parole ruling made by the intermediate people¡¯s court;

(2) a higher people¡¯s court, after making a ruling o grant parole according to law, shall submit the parole ruling to the Supreme people¡¯s Court for review and approval.

Article 342 When submitting a parole ruling to the Supreme People¡¯s Court for review and approval because the offender has a special situation and the granting of parole hence is not subject to limitations on the jail term actually served by the offender, five copies of a written report requesting for review and approval, a written report specifying the special situation the offender has and the written ruling concerning the granting of parole shall be submitted [to the Supreme People¡¯s Court] along with all case files.

Article 343 Where the Supreme People¡¯s Court approves the grant of parole in cases where the offender has a special situation and the granting of parole hence is not subject to limitations on the jail term actually served by the offender, [the Supreme People¡¯s Court] shall issue a written ruling approving [the parole ruling]; where [the Supreme People¡¯s Court] disapproves the grant of parole, [the Supreme People¡¯s Court] shall issue a written ruling disapproving the parole ruling and revoke the original ruling.

Chapter 15 Death Penalty Review Procedure

Article 344 Cases where death sentences are imposed are subject to approval of the Supreme People¡¯s Court and shall be handled accordingly in each of the following circumstances:

(1) where an intermediate people¡¯s court is the first instance court and has imposed the death sentence, if the defendant does not appeal and the people¡¯s procuratorate does not protest, [the case] shall be submitted to a higher people¡¯s court for review and approval within 10 days after the expiration of the time limit for appeal and protest. Where the higher people¡¯s court approves the death sentence, [the case] shall be submitted to the Supreme People¡¯s Court for review and approval within 10 days after the ruling of approval is made; where [the higher people¡¯s court] disapproves the death sentence, [the case] shall be directly tried by the higher people¡¯s court following second instance procedures or be remanded for re-adjudication;

(2) where an intermediate people¡¯s court is the first instance court and has imposed the death sentence, if the defendant appeals or the people¡¯s procuratorate protests and a higher people¡¯s court rules to affirm the death sentence, [the case] shall be submitted to the Supreme People¡¯s Court for review and approval within 10 days after the ruling is made;

(3) where a higher people¡¯s court is the first instance court and has imposed the death sentence, if the defendant does not appeal and the people¡¯s procuratorate does not protest, [the case] shall be submitted to the Supreme People¡¯s Court for review and approval within 10 days of the expiration of the time limit for appeal and protest.

A higher people¡¯s court, when reviewing a death sentence case, shall interrogate/interview the defendant.

Article 345 Where an intermediate people¡¯s court is the first instance court and has imposed the death sentence with a two-year reprieve, if the defendant does not appeal and the people¡¯s procuratorate does not protest, [the case] shall be submitted to a higher people¡¯s court for review and approval.

A higher people¡¯s court, when reviewing a death sentence with a two-year reprieve, shall interrogate/interview the defendant.

Article 346 Each death sentence or death sentence with a two-year reprieve subject to approval shall be submitted to [the Supreme People¡¯s Court] individually. The materials submitted shall include five copies of a written report requesting for review and approval, the written judgments for the first and second stance trials and a comprehensive report on the death penalty case, along with all case files and evidence. Digital copies of the comprehensive report on the death penalty case, the judgments for the first and second instance trials and the adjudication report shall also be attached.

Where multiple cases are adjudicated together, all case files and evidence for all cases that have been adjudicated together shall be submitted [to the Supreme People¡¯s Court].

Where a case has been remanded for retrial, case files for the original first and second instance trial shall also be submitted [to the Supreme People¡¯s Court].

Article 347 A report requesting for review and approval shall bear in writing the causes of action, a synopsis of case facts, the adjudicating process and the judgment.

A comprehensive report on the death penalty case shall include the following items:

(1) basic information about the defendant and the victim. Where the defendant has criminal records or has been subjected to administrative punishment, it shall be so stated [in the report];

(2) the origin of the case and the adjudicating process. Where a case has been remanded for re-trial, the reasons for remanding the case for re-trial as well as the timing and serial/reference number of the [original] case shall be stated therein;

(3) investigative circumstances of the case. Circumstances where the defendant is captured or the case is resolved through technical investigations, or in which the defendant has turned him or herself in or has rendered meritorious service, shall be stated therein;

(4) the adjudicating process of the first instance trial. Including the defending opinions and the prosecution opinions, criminal facts established during the first instance trial as well as the opinions of the collegiate panel and those of the adjudication committee;

(5) the second instance trial or the review conducted by the higher people¡¯s court. Including grounds for appeal, opinions of the procuratorate, case facts established through review by the second instance trial or the review conducted by a higher people¡¯s court, the admission of evidence and reasons there for, defending and prosecution opinions as well as the adoption thereof;

(6) other matters for which explanation is necessary. Including the guilt/innocence and/or sentencing for co-defendants of a conspiracy crime adjudicated in a separate proceeding, whether or not the case has major social impact and the responses of the parties;

(7) suggestions for handling the case. Opinions of both the collegial panel and the adjudication committee shall be clearly stated therein.

Article 348 When reviewing a death sentence or a death sentence with a two-year reprieve, [the Supreme People¡¯s Court] shall conduct a comprehensive examination into the following items:

(1) the age of the defendant, whether or not the defendant has the capacity to bear criminal liability and whether [the defendant] is a pregnant woman;

(2) whether or not the facts established in the original judgment are clear and whether or not the evidence is reliable and sufficient;

(3) the circumstances, consequence and the degree of severity of the crime;

(4) whether or not the application of law was appropriate in the original judgment, whether or not the death sentence must be imposed and whether or not it must be a death sentence that has to be immediately executed.

(5) whether or not there are statutorily prescribed circumstances that require heavier or lesser punishments within the legally prescribed limits of punishment, circumstances that allow, within a court¡¯s discretion, heavier or lesser punishments within the legally prescribed limits of punishment, or circumstances that require or allow within the court¡¯s discretion punishments lesser than the legally prescribed minimum;

(6) whether or not the proceedings were lawfully conducted

(7) other circumstances that shall be examined.

Article 349 A higher people¡¯s court shall handle cases of death sentence with a two-year reprieve that are subject to its review and approval correspondingly in each the following circumstances:

(1) where the original judgment is correct in its application of law and appropriate in sentencing and the proceedings were lawfully conducted, the original judgment shall be approved;

(2) where some specific fact established in the original judgment or the application of some law is flawed, yet it is not inappropriate to sentence the defendant to death sentence with a two-year reprieve, a rectification may be made and the death sentence with a two-year reprieve then approved;

(3) where the facts established in the original judgment are accurate but the application of law is erred, or where the sentenced imposed is disproportionally severe, the original judgment shall be modified;

(4) where the facts established in the original judgment are unclear and evidence is in sufficient, either may the death sentence with a two-year reprieve be disapproved, the original judgment overturned and the case remanded for re-adjudication; or the original judgment may be modified according to law;

(5) where new facts or evidence that may affect guilt/innocence and/or the sentence emerges when a case is under review, either may the death sentence with a two-year reprieve may be disapproved, the original judgment overturned and the case remanded for re-adjudication; or the original judgment may be modified after [the higher people¡¯s court] adjudicates the case following Article220 of this Interpretation.

(6) where there were procedural improprieties in the original adjudicating, which may affect the fairness of the trial, the death sentence with a two-year reprieve shall be disapproved, the original judgment overturned and the case remanded for re-adjudication.

When reviewing a death sentence with a two-year reprieve, a higher people¡¯s court must not impose a sentence that is heavier than the original one.

Article 350 The Supreme People¡¯s Court shall handle death penalty cases subject to its review accordingly in each of the following circumstances:

(1) where the establishment of the facts and application of law the original judgment are, the sentence imposed is appropriate and the proceedings were lawfully conducted, the death penalty shall be approved;

(2) where some specific fact established in the original judgment or the application of some law therein is flawed, yet it is not inappropriate to impose the death sentence, rectification may be made and the death penalty then approved;

(3) where the facts established in the original judgment are unclear and evidence is insufficient, the death sentence shall be disapproved, the original judgment overturned and the case remanded for re-adjudication;

(4) where new facts or evidence that can affect guilt/innocent and/or sentence emerges when the case is under review, the death sentence shall be disapproved, the original judgment overturned and the case remanded for re-adjudication;

(5) where the facts established in the original judgment are accurate yet the death sentence is not legally warranted, the death sentence shall be disapproved, the original judgment overturned and the case remanded for re-adjudication;

(6) where there were procedural improprieties in the original adjudicating proceedings, may affect the fairness of the trial, the death sentence shall be disapproved, the original judgment overturned and the case remanded back for re-adjudication.

Article 351 Where a defendant is sentenced to death for committing more than one crime and the Supreme People¡¯s Court, after review, believes that the facts are unclear and the evidence is insufficient in regard to the death sentence for a portion of the crimes, all death sentences originally imposed in the case shall be disapproved, the original judgment overturned and the case remanded for re-adjudication; where [the Supreme People¡¯s Court] believes that the establishment of the case facts is correct yet the death sentence is not legally warranted for a portion of the crimes, the original judgment may be modified and the death sentences concerning other crimes where the death sentence is warranted shall be approved.

Article 352 Where there are more than one defendant being sentenced to death in a case and the Supreme People¡¯s Court, after review, believes that the death sentences imposed on some of the defendants are not supported by clear facts and sufficient evidence, all death sentences in the case shall be disapproved, the original judgment overturned and the case remanded for retrial; where [the Supreme People¡¯s Court] believes that, although the establishment of facts is correct, the death sentences imposed on some of the defendants are inappropriate, the specific death sentences may be modified and the death sentences appropriately imposed on other defendants shall be approved.

Article 353 Where the Supreme People¡¯s Court rules to disapprove a death sentence, the case, depending on its circumstances, may be remanded to the people¡¯s court that served as the second instance court or the people¡¯s court that served as the first instance court for retrial.

Where the people¡¯s court that served as the first instance court retries the case, the case shall be adjudicated in open court. Where the people¡¯s court that served as the second instance court retries the case, the original judgment may be directly modified; where the clarification of facts, verification of evidence or rectification of the procedural improprieties in the original adjudicating proceedings must be done in open court, the case shall be adjudicated in open court.

Article 354 Where a higher people¡¯s court submits a case to the Supreme People¡¯s Court for approval of death sentence after reviewing the case by itself following the review procedure and the Supreme People¡¯s Court rules to disapprove the death sentence and remands the case to the higher people¡¯s court for retrial, the higher people¡¯s court may try the case itself following second instance procedures, or it may remand the case for retrial.

Article 355 Where the Supreme People¡¯s Court rules to disapprove a death sentence and remands the case for retrial, the people¡¯s court that delivered the original judgment shall assemble another collegial panel to adjudicate the case, except for in cases otherwise stipulated in Subparagraph (4) and subparagraph(5) of Article 350 of this Interpretation.

Article 356 When a case is under death penalty review [before the Supreme People¡¯s Court] and defense attorneys of the case wish to submit opinions in a face-to-face manner, the collegial panel concerned at the Supreme People¡¯s Court shall meet the defense attorney at office premises to hear their opinions and produce transcripts of the meetings; where the defense attorneys submit written opinions, those opinions shall be included in the case file.

Article 357 When a case is under death penalty review [before the Supreme People¡¯s Court] and the Supreme People¡¯s Procuratorate provides advice, the Supreme People¡¯s Court shall review [the advice] and give feedback to the Supreme People¡¯s Procuratorate in regard to whether its advice is adopted and for what reasons.

Article 358 The Supreme People¡¯s Court shall inform the Supreme People¡¯s procuratorate of the results of death penalty reviews in accordance with applicable regulations.

Chapter 16 Sealing, Seizing and Freezing of Property and its Processing

Article 359 The people¡¯s court shall preserve and keep on file for future reference the sealed, seized or frozen property and proceeds of the accused. After inspection, the property and proceeds of the defendant that have been transferred with the case by the people¡¯s procuratorate shall be preserved in accordance with the inventory. No unit or individual shall embezzle such property or dispose of it without authorization.¡£

For the sealing of real estate, motor-vehicles, boats, aircraft and similar property, the document of title shall be seized, and after taking photographs or video records of the property, such property shall be sealed in situ, or returned to the owner, or an immediate family member of the accused for safekeeping after registering in writing the name, model, ownership, address or other details. Departments responsible for registration and seizure of property shall be notified that they must handle the sealing and registration formalities.

Seized goods shall be registered in writing according to name, model, dimensions, amount, weight, quality, purity, grade, color, age, damage, origin, etc. Seized currency and securities shall be registered in writing according to the type of currency, the security name, quantity, denomination, etc. Currency shall be stored in a dedicated bank account and the name of the deposit certificate and contents shall be registered. Seized cultural relics, precious metals, jewels, rare calligraphy as well as other precious items and contraband shall be photographed, and where necessary, valued in a timely manner.

Frozen deposits, money transfers, bonds, stocks, fund shares and related property shall be registered in writing according to serial number, class, denomination, number, value, etc.

Article 360 The victim¡¯s lawful property with clear title shall be returned in a timely manner in accordance with the law. However, it shall be subject to photographic record, forensic analysis, price estimation and a record explaining the reason for return, which shall be archived; the original photographs, inventory documents and withdrawal documents shall be stored in the case file for future reference. Where title is unclear, it shall be proportionately returned to the victim, once the people¡¯s court¡¯s ruling or judgment has become effective, however if the victim has already been awarded restitution, then so much shall be  deducted from the apportionment of the property.

Article 361 During adjudication, the title owner may apply to sell seized or frozen bonds, stocks, fund shares or other property. The people¡¯s court shall examine such applications, ensuring that they pose no harm to the interests of the victim or the State, and will not affect the ordinary proceeding of the action. If seized or frozen money orders, promissory notes or checks are shortly due to expire, the people¡¯s court may re-adjudicate, or, in accordance with the law, sell the property before the judgment or ruling takes effect. The people¡¯s court shall take custody of the proceeds of such sale and shall notify the parties or their immediate family members in a timely manner.

Article 362 Physical objects that are being used as evidence, including currency and securities, shall be transferred with the case. If the accused or the people¡¯s procuratorate appeal after the delivery of the first instance decision or judgment, then the aforementioned evidence shall be transferred to the people¡¯s court of second instance.

Article 363 Physical objects not suitable for transfer shall be divided, according to the circumstances, into the following categories:

(1) if the objects are large and inconvenient to move; the sealing or seizing authority shall transfer with the case an inventory of the objects along with original photographs, storage documents and a written account of the storage location, etc.;

(2) if the objects are perishable and inconvenient to store, the sealing or seizing authority, after selling off the objects, shall transfer with the case the inventory and valuation documents (copies), etc.;

(3) if the objects are firearms and ammunition, toxins, flammable objects, or other contraband or hazardous materials, the sealing or seizing authority shall, after disposing of the property according the relevant regulations, transfer original photographs and the inventory, etc.

The above-mentioned objects unsuitable for transfer shall be forensically analyzed and be valued in accordance with the law and shall be examined for any attached prior forensic analysis and valuation opinions.

Sealed or seized currency and valuable securities that have not been transferred shall be examined for attached original photos, inventories, and other evidentiary documents.

Article 364 During trial proceedings, the ownership of sealed, seized and frozen property shall be investigated, including whether said property and its proceeds consists of illegal income or other case-related property that must be recovered in accordance with the law.

Non-parties may submit title objections regarding sealed, seized and frozen property. The people¡¯s court shall investigate and process such objections in accordance with the law.

If, after investigation, sealed, seized and frozen property cannot be confirmed as either illegal gains or property that must be recovered according to law to persons other than those involved in the case, it must not be confiscated.

Article 365 The name, monetary value, storage location and manner of processing of sealed, seized and frozen property and its proceeds shall be written in the court¡¯s opinion. If there is a relatively large amount of case-related property, and it is not convenient to provide a detailed list within the main body of the court¡¯s opinion, an inventory can be attached.

If any case-related property has not been transferred, it shall be listed in the opinion, along with the sealing, seizing and freezing authority responsible for processing.

Article 366 Sealed, seized or frozen property and its proceeds that after investigation are determined to be illegal income or other case-related property which must be recovered in accordance with the law, shall be returned by court order to the victim or shall be confiscated and transferred to the State, unless otherwise prescribed by law.

When returning illegal gains to the victim by court order, victim claimants shall be notified. Where there is no claimant, public notice shall be issued. After three months public notice, if no one submits a claim, the property shall be transferred to the State. If transfer to the State has already occurred, the claimant shall submit a petition for return. If the original property has already been auctioned or sold, the proceeds shall be returned.

In cases involving offences against state property, where the injured unit no longer exists and has not designated a successor in law, or the loss has already been written-off, the sealed, seized or frozen property shall be transferred to the State.

Article 367 The people¡¯s court of first instance shall be responsible, after its ruling comes into effect, for processing property transferred with the case, or property sealed or seized by the people¡¯s court

When case-related property has not been transferred with the case, the people¡¯s court shall serve the sealing and seizing authority with the written ruling or judgment within 10 days of the ruling coming into effect, and notify them to return an implementation receipt within one month.

Article 368 When frozen deposits, money transfers, bonds, stock, fund shares and similar property have been confiscated by court order, the people¡¯s court of first instance, after the ruling comes into effect, shall transfer the written judgment or ruling to the relevant financial authorities, and notify those authorities to transfer the funds to the treasury in accordance with the law, and to return the transfer certificate and receipt of execution within 15 days of receiving the enforcement notice.

Article 369 Sealed, seized and frozen property unrelated to the present case but that has been entered into the inventory documents shall be processed by the sealing, seizing and freezing authority in accordance with the law.

Sealed, seized and frozen property that is legally possessed by the accused, shall, after compensating the victim and carrying out financial penalties, be returned to the accused in a timely manner. When property has not been transferred with the case, the sealing, seizing and freezing authority shall be notified that they must be used to compensate the victim, or as part of the execution of a penalty by way of asset forfeiture to the people¡¯s court.

Article 370 In regards to sealing, seizing and freezing property, and its processing, if anything is not specified by this interpretation, consult the applicable law, and the relevant provisions of other judicial interpretations.

Chapter 17 Adjudication Supervision Procedure

Article 371 If a party, his or her agent ad litem or immediate family member files a petition for collateral relief of a judgment or ruling that has already taken legal effect, the people¡¯s court must review and address the petition for collateral relief.

If a person not associated with the case believes that a judgment or ruling that has already taken legal effect infringes upon his legal rights or interests, and files a petition for collateral relief, the people¡¯s court must review and address the petition for collateral relief.

An attorney may be engaged to pursue a petition for collateral relief on one¡¯s behalf.

Article 372 In order to file a petition for collateral relief with the people¡¯s court, the following materials must be submitted:

(1) collateral relief petition form. The basic circumstances, contact information and facts and reasons in support of the petition for collateral relief must be clearly specified in writing;

(2) original first and second instance official judgments or order documents and other legal documents. For those cases that have undergone people¡¯s court review or re-adjudication, the written notice of dismissal, re-adjudication decision, verdict upon re-adjudication, or ruling, must be appended;

(3) other related materials. If there is new evidence indicating that the factual findings in the original judgment or ruling contain definite error, constituting grounds for collateral relief, the evidentiary materials must be attached; if an application is filed with people¡¯s court requesting it to investigate and collect evidence, the leads or materials supporting the application must be appended.

If the petition for collateral relief does not meet the above requirements, the people¡¯s court must notify the petitioner for collateral relief to provide supplementary materials; if the petitioner refuses to provide the necessary supplementary materials and does not provide a legitimate reason, the people¡¯s court will not review the collateral appeal.

Article 373 Review and processing of petitions for collateral relief are conducted by the highest people¡¯s court to have heard the case. However, where a second instance people¡¯s court has permitted the withdrawal of an appeal, if the petitioner files a petition for collateral relief based upon the first instance judgment, it may be reviewed and handled by the first instance people¡¯s court.

If a petition for collateral relief has not yet been reviewed and handled by the highest people¡¯s court to have heard the case, the people¡¯s court one level above that court may notify a petitioner for collateral relief to file the petition with the highest people¡¯s court to have heard the case, or may refer it directly to the highest people¡¯s court to have heard the case for review and processing, and notify the petitioner; if the case is difficult, complex, or particularly serious, the people¡¯s court one level above may also review and process it directly.

If a petition for collateral relief has not yet been reviewed by the highest people¡¯s court to have heard the case, nor by the people¡¯s court one level above it, and a petition for collateral relief is filed directly with a higher people¡¯s court, the higher people¡¯s court may notify the petitioner to file the petition for collateral relief in a lower people¡¯s court.

Article 374 In petitions for collateral relief in death penalty cases, the people¡¯s court that conducted the original death penalty review and approval may also directly review and handle the petition for collateral relief, or it may refer the review it to the people¡¯s court that conducted the original adjudication of the case. The people¡¯s court that conducted the original adjudication must write are view report, provide its opinion on the handling of the matter, and report up the court hierarchy to the people¡¯s court that conducted the original review and approval for its review and processing of the petition.

Article 375 When petitions for collateral relief are being reviewed prior to a determination as to whether a file will be opened for the case or not, a decision on opening a file must be reached within three months, which period must not exceed six months in total.

If, following review, any one of the following circumstances exists, a decision must be made to re-adjudicate the case, according to the provisions of Article 242 of the Criminal Procedure Law:

(1) there is new evidence indicating that the factual findings in the original judgment or ruling contain definite error which could influence the conviction or sentence;

(2) evidence that constituted a basis for conviction or sentencing is not accurate or complete, and shall be excluded according to the law;

(3) contradictions exist among the principal items of evidence that proved the facts of the case;

(4) the law forming the basis for an important factual finding has been altered or revoked;

(5) the offense of conviction is in error;

(6) the sentence is clearly improper;

(7) a law or regulation regarding retroactive effect was violated;

(8) litigation procedures in violation of the law or regulations occurred that could influence the impartiality of the judgment;

(9) adjudication personnel, when adjudicating the case, had engaged incorruption or accepted bribes, manipulated the justice system for personal gain, or engaged in capricious or arbitrary acts.

If the petition for collateral relief does not involve any of the abovementioned circumstances, the petitioner must be persuaded to withdraw the petition for collateral relief; if the petitioner nevertheless insists on pursuing the petition for collateral relief, he or she must be notified in writing of its rejection.

Article 376 If one of the following circumstances exists, evidence of facts underlying the conviction or sentence, which could alter the original judgment or ruling, must be designated as ¡°new evidence¡± pursuant to Article 242, paragraph1 of the Criminal Procedure Law:

(1) evidence was newly discovered following the effective date of the original judgment or ruling;

(2) evidence was already discovered but was not collected prior to the effective date of the original judgment or ruling;

(3) evidence was already collected but was not examined by the opposing party prior to the effective date of the original judgment or decision;

(4) forensic analyst opinions, crime scene investigation, inspection, related reports, or other evidence that constituted a basis for the original judgment or ruling, was changed or contradicted.

Article 377 The petitioner for collateral relief who objects to the rejection of the petition may file the petition for collateral relief with the people¡¯s court one level above. If, following review, the people¡¯s court one level above finds that the petition for collateral relief does not satisfy the provisions of Article 242 of the Criminal Procedure Law and Article 375, paragraph 2 of the present Interpretation, the petitioner must be persuaded to withdraw the petition for collateral relief; if the petitioner still insists on pursuing the petition for collateral relief, it must be rejected, or the petitioner must be notified that there will not be a re-adjudication.

Article 378 If the court president of a people¡¯s court at any level realizes, after a judgment or ruling of that court has taken legal effect, that the judgment or ruling contains definite error, the court president must submit the matter to the adjudication committee for discussion of the decision whether or not tore-adjudicate the case.

Article 379 If any higher level people¡¯s court realizes that a judgment or ruling of a lower level people¡¯s court, which has already taken legal effect, contains definite error, it may instruct the lower level people¡¯s court to re-adjudicate the case; if the facts underlying the original judgment or ruling are correct but the law was incorrectly applied, or if the case is difficult, complex or particularly serious, or if it is inappropriate to have the people¡¯s court that conducted the original trial adjudicate the case, the higher court may take jurisdiction over and adjudicate it.

If any higher level people¡¯s court instructs a lower level people¡¯s court tore-adjudicate a case, it shall generally instruct a lower level people¡¯s court other than the one that conducted the original trial to adjudicate the case; but where having the people¡¯s court that conducted the original trial adjudicate the case would aid in the ability to investigate the facts clearly or to correct errors in the judgment, the higher level people¡¯s court may instruct the people¡¯s court that conducted the original trial to adjudicate the case.

Article 380 For cases in which the people¡¯s procuratorate files a procuratorial appeal pursuant to adjudication supervision procedure, the people¡¯s court must open a case file within one month of receiving the written procuratorial appeal. However, if any one of the following circumstances exists, the case must be handled in different manners depending upon the circumstances:

(1) if outside the jurisdiction of the court at issue, the case must be sent back to the people¡¯s procuratorate;

(2) if, using the residential address provided in the written procuratorial appeal, the appeal cannot be delivered to the respondent, the defendant in the original case, the people¡¯s court must notify the people¡¯s procuratorate within three days to provide the original defendant¡¯s residential address again; if not provided in a timely manner, the case is to be sent back to the people¡¯s procuratorate;

(3) if new evidence is the basis for the filing of a procuratorial appeal, but the related evidentiary materials are not appended or the evidence in question is not related to the facts of the original prosecution, the people¡¯s procuratorate must be notified within three days to send supplementary materials; if supplementary materials are not timely sent, the case is to be sent back to the people¡¯s procuratorate.

For cases in which a procuratorial appeal is filed and a decision is made to send the case back, if, after the people¡¯s procuratorate has provided supplementary materials, it files another procuratorial appeal, which, after review, satisfies the conditions for acceptance, the people¡¯s court must accept the case.

Article 381 For cases in which the people¡¯s procuratorate files a procuratorial appeal pursuant to adjudication supervision procedure, the people¡¯s court receiving the appeal must form a collegial panel to adjudicate the matter. If, in the original judgment, the facts were not clear or the evidence was not sufficient, including where new evidence indicates that the original judgment might contain error, where the people¡¯s court needs to instruct the lower people¡¯s court tore-adjudicate the case, it must make its decision within one month of the date upon which the case file is opened and send its written decision instructing that the case be re-adjudicated to the people¡¯s procuratorate that filed the procuratorial appeal.

Article 382 For cases in which it is decided, pursuant to adjudication supervision procedure, that a re-adjudication will be conducted, other than cases in which the people¡¯s procuratorate files a procuratorial appeal, the people¡¯s court must produce a written re-adjudication decision. The time period for re-adjudication does not suspend the effectiveness of the original judgment or ruling, but if, following re-adjudication, the defendant¡¯s verdict could be changed to one of not guilty, or, if, following re-adjudication, the original punishment could be reduced, causing the sentence to expire, a decision can be made to temporarily halt the effectiveness of the original judgment or ruling, and when necessary, the defendant may be released on bail or guarantee, or under condition of residential surveillance.

Article 383 In cases that are re-adjudicated pursuant to adjudication supervision procedure, the people¡¯s court must focus on the bases for the petition for collateral relief, procuratorial appeal, and decision to re-adjudicate when conducting its adjudication. When necessary, it must conduct a complete examination of the facts found, the evidence, and the application of law in the original judgment or ruling.

Article 384 When a case that is re-adjudicated pursuant to adjudication supervision procedure is adjudicated by the people¡¯s court that originally adjudicated the case, it must first form a collegial panel.

The original, first instance case shall be adjudicated according to first instance procedure, and all judgments and rulings may be directly appealed by the defense or the procuratorate; the original second instance case or a case over which a higher level people¡¯s court took jurisdiction shall be adjudicated according to second instance procedure, and all judgments and rulings are final.

In re-adjudication cases in which the original defendant or complainant in a private prosecution is deceased or has become incapacitated, the adjudication may be conducted without a hearing in court.

Article 385 In cases that are re-adjudicated with a hearing in court, in which the written re-adjudication decision or written decision on procuratorial appeal involves only some of the defendants from the original case, if other co-defendants from the original case do not appear in court, this does not affect the adjudication; they may refrain from appearing in court and from participating in the proceedings.

Article 386 In cases other than those in which the people¡¯s procuratorate files a procuratorial appeal, re-adjudication generally must not increase the severity of the original defendant¡¯s punishment. If the written re-adjudication decision or written procuratorial appeal involves only a portion of the defendants in the original case, the severity of punishment of other co-defendants in the original case must not be increased.

Article 387 In re-adjudication cases in which the people¡¯s court is adjudicating an appeal by the people¡¯s procuratorate, if the people¡¯s procuratorate withdraws its appeal prior to the hearing in court, the people¡¯s court must enter a ruling that permission is granted; if, after receiving a notice to appear in court, the people¡¯s procuratorate does not send an officer to appear in court, and does not provide a reason, the court may enter a ruling disposing of the matter as though the procuratorial appeal had been withdrawn, and notify everyone who participated in the proceedings.

When a people¡¯s court is re-adjudicating a case due to a petition for collateral relief by a petitioner, if the petitioner withdraws the petition for collateral relief within the time permitted for re-adjudication, the court must enter a ruling that permission is granted; if, after notice in accordance with law, and without a legitimate reason, the petitioner for collateral relief refuses to appear in court, or if he or she leaves the court during the proceedings without obtaining the court¡¯s permission, the court must enter a ruling disposing of the petition for collateral relief as though it had been withdrawn, except that if the petitioner for collateral relief was not a party in the original case, the above does not apply.

Article 388 In court hearings of re-adjudication cases, for those that the people¡¯s court decides to re-adjudicate, the re-adjudication judgment is read aloud by members of the collegial panel; for those in which the people¡¯s procuratorate filed a procuratorial appeal, the written appeal is read aloud by a member of the procuratorate; for those that result from a petition for collateral relief by a petitioner, the bases for the petition for collateral relief are stated by the petitioner, his or her defender or litigation advocate.

Article 389 After a re-adjudication case has been adjudicated, it must be handled according to the circumstances below, respectively:

(1) if the determination of the facts and application of the law in the original judgment or ruling were correct, the petition for collateral relief or procuratorial appeal must be ruled rejected, and the original judgment or ruling must be upheld;

(2) if the conviction was accurate and the sentence was proper in the original judgment or ruling, but there were minor defects in the determination of the facts, the application of the law, or other aspects, the original judgment or ruling must be corrected and upheld;

(3) if the facts determined in the original judgment or ruling contained no error, but there was error in the application of the law, or if the sentence was improper, the original judgment or ruling must be revoked and the judgment must be modified in accordance with law;

(4) in cases adjudicated under second instance procedure, if the facts were not clear or the evidence was insufficient in the original judgment or ruling, the judgment may be modified following investigation that clarifies the facts, a ruling may enter revoking the original judgment, and the case may be remanded to the original adjudicating people¡¯s court for re- adjudication.

If the facts were not clear or the evidence was insufficient in the original judgment or ruling, but the previously adjudicated facts have been clarified through investigation, the case must be decided according to the clarified facts, pursuant to law; if there is still no way to clarify the facts through investigation, and the evidence is insufficient, the defendant¡¯s guilt cannot be determined, and the original judgment or ruling must be revoked, and the judgment will declare that the defendant is not guilty.

Article 390 If there were errors involving the determination of the defendant¡¯s name or other identity information in the original judgment or ruling, but the facts determined and the application of the law were correct and the sentence was proper, the people¡¯s court that issued the judgment or ruling that has already taken effect may order that the relevant information be corrected.

Article 391 In cases in which a party is declared not guilty when a verdict is overturned in a judgment on re-adjudication, and in which the party enjoys the lawful right to apply to the national government for compensation, when the people¡¯s court pronounces its judgment, it must notify the party that after the judgment takes legal effect, he or she may apply to the national government for compensation.

Chapter 18 Adjudication and Judicial Assistance in Criminal Cases Involving Foreign Jurisdictional Issues

Article 392 What this interpretation calls criminal cases involving foreign jurisdictional issues refers to:

(1) criminal cases committed within the territory of the People¡¯s Republic of China, involving crimes committed by foreigners or violations of foreigners' legal rights by Chinese citizens;

(2) cases involving crimes committed outside the territory of the People's Republic of China, in accordance with circumstances stipulated by Articles 7 and Article 10 of the Criminal Law;

(3) offenses by foreigners against the government or citizens of the People's Republic of China, in accordance with circumstances stipulated by Articles 8 and Article 10 of the Criminal Law;

(4) cases over which the People's Republic of China exercises jurisdiction within the scope of obligations prescribed by international treaties that it agrees to perform, in accordance circumstances stipulated by Article 9 of the Criminal Law.

Article 393 Basic people's courts shall have jurisdiction over all criminal cases involving foreign jurisdictional issues, except for cases stipulated by Articles 20through Article 22 of the Criminal Law. When necessary, an intermediate people's court may designate a certain number of basic people's courts within its jurisdiction to collectively exercise jurisdiction over first-instance criminal cases involving foreign jurisdictional issues; or it may also adjudicate first-instance criminal cases involving foreign jurisdictional issues over which a basic people¡¯s court has jurisdiction, in accordance with Article 23 of the Criminal Law.

Article 394 Foreigner's citizenship shall be determined on the basis of valid documents at the time of entry into China; if a person's citizenship is unclear, it shall be determined on the basis of proof provided by a public security organ or the embassy or consulate of the relevant country.

If impossible to identify a defendant¡¯s nationality, the court shall treat the defendant as one without nationality, apply relevant rules in this chapter and notes ¡°nationality unknown¡± in the written judgment.

Article 395 In criminal litigation, parties of foreign nationality shall enjoy litigation rights stipulated by the laws of the People's Republic of China, and perform corresponding obligations.

Article 396 During the period of adjudicating a criminal case involving foreign jurisdictional issues, the people's court shall promptly relay the following matters to the department responsible for foreign affairs in the people's government of the corresponding level, and notify the embassy or consulate of the relevant country:

(1) the circumstances of any forceful measures adopted through court decision against a defendant with foreign nationality, including the name(including translated name), gender, date of entry, and passport number or supporting documents number of the party with foreign nationality, as well as the forceful measure adopted, its legal basis, and the location of detention, etc;

(2) matters such as the location and time the hearings, as well as whether a trial will be open to the public, etc;

(3) the location and time of announcement of judgment.

After announcing the judgment for a case involving foreign jurisdictional issues, the trial outcome shall be relayed to the department responsible for foreign affairs in the people's government of the corresponding level.

Where a capital punishment is to be enforced against a foreigner, his or her embassy or consulate shall be notified after the verdict is rendered and before the punishment is carried out.

If a defendant with foreign nationality dies while a case is being tried, the department responsible for foreign affairs in the people's government of the corresponding level, as well as the embassy or consulate of the relevant country shall be notified.

Article 397 Where it is necessary to notify an embassy or consulate of a relevant matter, it shall be reported up the hierarchy to the High People¡¯s Court, and the High People¡¯s Court shall sent out notice according to the following rules: :

(1) for a party with foreign nationality whose home country has signed bilateral consular treaties with the People's Republic of China, requirements stipulated by those treaties shall be adhered to; if the home country has not signed any bilateral consular treaty with the People's Republic of China but is a party to the Vienna Convention on Consular Relations, requirements stipulated by the Convention shall be adhered to; if the home country has neither signed any bilateral consular treaty with the People's Republic of China nor become a party to the Vienna Convention on Consular Relations, but has foreign relations with the People's Republic of China, upon advice of the department responsible for foreign relations, may handle the case on the basis of principles of reciprocity and in accordance with relevant provisions and international customs;

(2) for criminal cases involving foreign jurisdictional issues that happened within the consular area of a foreign consulate in China, the relevant foreign consulate shall be notified; for criminal cases involving foreign jurisdictional issues that happened outside of a consular area of the foreign consulate, the relevant embassy shall be notified; if a country has foreign relations with the people¡¯s Republic of China but does not have an embassy or consulate within China, an embassy or consulate of a country that handles that country's affairs in China may be notified; if there is not a substitute country, or such a substitute country is unclear, notification need not be given;

(3) if a time period for notification is stipulated by a bilateral consular treaty, notification shall be made within that time period; if there is not a bilateral consular treaty, notification shall be given as soon as possible in accordance with the Vienna Convention on Consular Relations or international customs, and shall not be more than 7 days the latest;

(4) if notification is not required by a bilateral consular treaty, notification need not be made provided that the party with foreign nationality requests not to notify his or her embassy or consulate, but a written statement shall be provided by the party.

If necessary, the High People's Court may ask the department responsible for foreign affairs within people's government to provide assistance on matters relating to notification of a foreign embassy or consulate in China.

Article 398 After a people's court accepts a criminal case involving foreign jurisdictional issues, it shall notify the detained defendant with foreign nationality that he or she has the right to contact the embassy or consulate of his or her home country, meet or communicate with his or her legal guardian or immediate family members, and request the people's court to provide translation service.

Article 399 During the trial involving foreign jurisdictional issues, if a defendant with foreign nationality is in custody, an official from the defendant's embassy or consulate requesting to visit the defendant may raise this issue with the High People's Court located where the people's court accepting the case is also located. The people¡¯s court shall arrange meeting within the time limit stipulated in bilateral consular treaties entered into by the People¡¯s Republic of China and the defendant¡¯s home country, if there is not any such treaty, meeting shall be arranged soon as possible. When necessary, the department responsible for foreign affairs within people's government may be requested to provide assistance.

During the trial of a case involving foreign jurisdictional issues, legal guardians or immediate family members of a defendant with foreign nationality in custody who wishes to visit the defendant may file an application with the High People's Court located where the people's court accepting the case is also located, and provide proof of his or her relationship with the defendant in accordance with Article 403 of this interpretation. The people's court may approve such request if, after investigation, it is determines that the trial of the case will not be disrupted.

If a defendant refuses visits or meetings, arrangements may be refrained from being made; but a written statement shall be provided by the defendant.

Visits or meetings with the defendant shall be conducted in observance of legal rules of the People's Republic of China.

Article 400 Adjudication of criminal cases involving foreign jurisdictional issues shall be open to the public, except for cases that shall not be tried publicly according to the law.

For criminal cases involving foreign jurisdictional issues the trial of which is open to the public, officials from the embassy or consulate for parties with foreign nationality who wish to observe the trial may submit application to the High People's Court located where the people's court accepting the case is located, for which the people's court shall make arrangements.

Article 401 During the adjudication of criminal cases involving foreign jurisdictional issues, when the commonly used language is used for speaking and writing, a people's court shall provide parties with foreign nationality with translation service.

Chinese shall be used in litigation documents in a people's court. If a party with foreign nationality is not familiar with Chinese, foreign language translation shall be attached. The foreign translation document does not bear the seal of the people¡¯s court, and the Chinese language document shall prevail.

If a party with foreign nationality is familiar with the oral or written Chinese and declines translation, or if he or she does not need a translation of the litigation documents, a written statement shall be provided by the party.

Article 402 If a defendant with foreign nationality retains lawyers to defense the case, or if a plaintiff with foreign nationality in a related civil suit or a private prosecutor retains lawyers to represent him or her in the litigation, the lawyer shall be one who is qualified to practice law in the People¡¯s Republic of China and has obtained a license to practice according to the law.

Legal guardians, immediate family members, or officials from the embassy or consulate for a defendant with foreign nationality in custody may retain defense advocate on behalf of the defendant. In the case of legal guardians or immediate family members, valid proof of their relationship with the defendant must be provided.

If a party with foreign nationality entrusts his or her legal guardian or immediate family members as defense advocate or legal advocate, the latter shall provide valid proof of his or her relationship with the party. A people¡¯s court shall grant permission if, after review, it is determines to be in compliance with the Criminal Procedure Law and relevant Judicial Interpretation provisions..

If a foreign defendant has not retained legal advocate, a people's court may inform a legal aid agency to appoint a lawyer for the defendant. If the defendant refuses to have the defender defense his or her case, he or she shall provide written statement or have his or her statements noted in the case file. If the defendant belongs to the categories for which legal aid shall be provided, the situation shall be handled according to Article 45 of this interpretation.

Article 403 Engagement letters mailed or passed from outside of the territory of the People's Republic of China to a Chinese lawyer or a Chinese citizen, as well any evidence of a relationship between a party with foreign nationality and his or her legal guardian or immediate family members must be certified by the home country's notary organ, authenticated by the central organ responsible for foreign affairs or an organ with its authorization, and attested by Chinese embassy or consulate in the home country, except for cases in which the home country and China have entered into an agreement to exempt authentication by each other.

Article 404 Defendants in a criminal case involving foreign jurisdictional issues may be restricted from leaving the country; witnesses who must appear in court for a trial open to the public may be required to defer leaving the country. Any decisions to restrict the departure from the country shall be relayed to the public security organ or the state safety organ of the corresponding level or to the national security organ; decisions to limit the departure of a foreigner shall simultaneously be relayed to the department responsible for foreign affairs at the people¡¯s government of the corresponding level and to the embassy or consulate of the party¡¯s home country.

A people's court that decides to limit the departure of a foreigner or a Chinese citizen shall notify the person subject to departure restriction in writing that he or she may not leave the country prior to termination of the trial and may seize the person's passport or other border exit and entry certificates to restrict his or her departure; seize of documents shall follow the necessary formalities, and proof must be given to show seize of certificate.

If a foreigner or a Chinese citizen must be prevented from leaving China at a boarder control station, the people's court accepting the case shall report up the hierarchy to the High People's Court, and a written notification of preventing person from departing through entry-exit port shall be issued by the Highest People's Court, and work with the public security organ of the corresponding level for handle control formalities. If the control port is not within the same province, autonomous region, or municipality directly under the central government, the public security organ in the relevant province, autonomous region, or municipality directly under the central government shall be contacted for the handle control formalities. Under emergency situations, if necessary, may first have the border control prevent departure and complete control formalities later.

Article 405 For all evidence coming from outside the territory of China, a people¡¯s court shall examine the origin, and provider of the document, the time it was provided, the person who retrieved it and its time of retrieval, etc. After examination, those proving facts related to the case and accords with provisions of the Criminal Procedure Law may be used as evidence, except restricted by any clear limitations on the scope of materials arising from bilateral treaties signed by the provider's or this country and relevant countries. If the source of a material is unidentifiable or the authenticity is unverifiable, it shall not be used as a basis for a verdict.

If a party to a case, or his or her legal advocate, litigation advocate provides evidential material from outside the territory of China, that material shall be certified by a notary organ in the country from which it is coming, authenticated that country's central organ responsible for foreign affairs or an organ with its authorization, and attested by the Chinese embassy or consulate in that country

Article 406 For criminal cases involving foreign jurisdictional issues that meet the rules in Article 202, paragraph 1 and Article 232 of the Criminal Procedure Law, the maximum time allowed for trial may be extended after the approval or decision of a relevant people's court.

Article 407 After a verdict has been reached in a criminal case involving foreign jurisdictional issues, an embassy or consulate of the home country of a party with foreign nationality requesting written documentation of the judicial decision may apply to the High People's Court where the people's court that accepting the case is located, and people's court may provide such documentation.

Article 408 On the basis of any international treaty that the People's Republic of China has signed or joined as a party, or on the basis of principles of reciprocity, a people's court and a foreign court may request judicial assistance in criminal cases from each other.

A people's court shall not provide assistance on matters requested by a foreign court that would damage the state sovereignty, security, or public interest of the People's Republic of China.

Article 409 Judicial Assistance that is requested and provided shall be carried out through channels determined by international treaties that the People's Republic of China has signed or joined as a party to; for countries with which China does not have a treaty relationship, it shall be carried out through diplomatic channels.

Article 410 A people's court requesting judicial assistance from a foreign country shall, after reviewed by the High People's court, report this to the Supreme People's Court for examination and approval.

Where a foreign court has requested judicial assistance from China, if that falls within the people's court's authority, the matter shall be turned over to the relevant people's court after the Supreme People's Court has examined and given its approval.

Article 411 Any written request and attachments related to a people's court's request for judicial assistance from a foreign country shall enclose translations in that country's language or any other language stipulated by international treaties.

Any written request and attachments related to a foreign court's request for judicial assistance from China shall enclose translations in Chinese or any other language stipulated by international treaties.

Article 412 A people's court that is serving parties who reside outside of the territory of the People's Republic of China with litigation documents related to a criminal trial may use the following methods:

(1) service methods determined by international treaties that have been signed or joined by the People's Republic of China and the country in which the party being served resides;

(2) service by diplomatic channels;

(3) if the person being served is a party with Chinese nationality, may entrust the Chinese embassy or consulate in the country where the party reside to serve the documents;

(4) if the party is a private prosecutor in a private prosecution case or the plaintiff in a related civil action, service may be affected through the litigation advocate authorized to receive service for the party;

(5) if the party is a foreign unit, service may be effected through a representative organization, or a branch office or agent authorized to receive service, set up within the territory of the People's Republic of China;

(6) if allowed by the laws of the country in which the party being served resides, may serve by mail; where return receipt is not returned within 3months after the date the mail was sent, it may be view as proper service, provided that on the basis of various circumstances it is sufficient to infer that service has been delivered;

(7) if allowed by the laws of the country in which the party being served resides, methods like fax, email, etc., which may be used to confirm the receipt of service by the person being served.

Article 413 If a people's court employs the diplomatic channels to serve a person residing outside of the territory of the People's Republic of China with litigation documents related to a criminal trial, those documents shall, after review by the High People's Court, be reported to the Supreme People's Court for examination and approval. If the Supreme People's Court determines that they can be sent, the documents shall be passed on to the department responsible for foreign affairs in the Supreme People's Court for delivery.

A foreign court employs the diplomatic channels to request a people's court serve litigation documents related to a criminal trial, the legal documents shall be submitted by the embassy or consulate of that country to the Chinese department responsible for foreign affairs for them to be passed on to the Supreme People¡¯s court. If the Supreme People's Court after examination determines that it is within the people's court's authority, and that service on behalf of the foreign court may be effected, they shall be forwarded to the relevant people's court to be handled appropriately.

Article 414 Other arrangements made during the adjudication of a criminal case involving foreign jurisdictional issues shall be handled in accordance with the law, judicial interpretation, and other relevant provisions.

Chapter 19 Procedures for the Imposition of Sentences

Section One Implementation of the Death Penalty

Article 415 If a death sentence with reprieve has been imposed on a convicted offender, and he or she commits an intentional crime during the reprieve period, he or she shall be tried by the intermediate people¡¯s court in the area where the prison is located. The defendant and the procuratorate may appeal the verdict.

After a judgment or ruling determining that an intentional crime is constituted takes legal effect, the people¡¯s court shall report up the court hierarchy to the Supreme People¡¯s Court for approval of the execution of the death penalty.

Article 416 The death penalty reprieve period is calculated beginning on the day when the court judgment or ruling is declared or served.

When the death penalty reprieve period expires, the law requires that the sentence be reduced, and the people¡¯s court shall reduce the sentence in a timely manner. When a sentence of death penalty with reprieve is reduced to life in prison or a period of fixed-term imprisonment, the period of imprisonment is calculated beginning on the day when death penalty reprieve period expires.

Article 417 An order to carry out a death sentence from the Supreme People¡¯s court will be delivered to the first instance people¡¯s court by the High People¡¯s court, and shall be carried out by the first instance people¡¯s court. The first instance people¡¯s court shall execute the order within seven days after receiving it.

If a convicted offender commits an intentional crime during the death penalty reprieve period, and the Supreme People¡¯s Court approves the imposition of the death penalty, the execution order shall be carried out by the intermediate people¡¯s court where the prison is located.

Article 418 After receiving an order to impose a death sentence, and before carrying out the order, if the first instance people¡¯s court becomes aware that anyone of the following circumstances exist, it must temporarily suspend the imposition of the order, and immediately send a report and related materials up the court hierarchy to the Supreme People¡¯s Court requesting that the execution of the death sentence be stayed:

(1) the offender may have committed other crimes;

(2) other suspects in a jointly committed crime have been apprehended, which may affect the offender¡¯s sentencing;

(3) the execution of death sentences of co-offenders in a jointly committed crime have been temporarily suspended or halted, which may affect the offender¡¯s sentencing;

(4) the offender brings to light the facts of a major crime or renders other especially valuable cooperation or major meritorious service, causing a need for the sentence to be revised;

(5) the offender is pregnant;

(6) the judgment or ruling may contain other errors that would affect the sentencing.

The Supreme Court shall rule to stay the execution of the death sentence if it determines through review that the offender¡¯s sentence could be affected; if it finds that the sentence will not be affected, it shall determine that the death sentence proceed.

Article 419 After issuing an order to execute a death sentence, and before its implementation, if the Supreme People¡¯s Court becomes aware that any of the circumstances enumerated under the first paragraph of the preceding article exist, the Supreme People¡¯s Court shall rule to stay the execution of the death sentence immediately and transfer the relevant materials to the lower people¡¯s court.

Article 420 After receiving a ruling from the Supreme People¡¯s Court to stay the execution of the death sentence, the lower people¡¯s court, in conjunction with the relevant departments, shall investigate the facts and reasons for the stay of the death sentence, and report the results of the investigation and its opinion up the court hierarchy to the Supreme People¡¯s Court for review and approval in a timely manner.

Article 421 The investigation results and opinion regarding the stay of execution of the death sentenced reported by the lower people¡¯s court will be reviewed by the same collegial panel that made the original judgment or ruling approving the death penalty; when necessary, a new collegial panel may be formed to undertake the review.

Article 422 Where the execution of a death sentence is stayed, the Supreme People¡¯s Court must handle cases in the following different manners depending upon the circumstances:

(1) if the offender¡¯s pregnancy is confirmed, the sentence must be revised;

(2) if it is confirmed that the offender has committed other crimes, these must be prosecuted according to the law; the Court shall rule to overturn the death sentence, revoke the original judgment, and remand for re-adjudication;

(3) if it is confirmed that the original judgment or ruling contains error, or if the offender provides especially valuable cooperation or major meritorious service, the sentence needs to be revised, and the Court shall rule to overturn the death sentence, revoke the original judgment, and remand for re-adjudication;

(4) if it is confirmed that the judgment or ruling does not contain error, and if the offender does not provide especially valuable cooperation or major meritorious service, or the especially valuable cooperation or major meritorious service do not affect the original judgment, the Supreme People¡¯s Court shall rule to proceed with the execution of the death sentence and the Court President shall sign a new order of execution.

Article 423 Before carrying out a death sentence, the first instance people¡¯s court shall inform the offender that he has the right to visitation with his immediate family member(s). If the offender applies for visitation and provides specific contact information, the people¡¯s court shall inform the offender¡¯s immediate family member(s). If the offender¡¯s immediate family members apply for visitation, the people¡¯s court shall permit and arrange the visit in a timely manner.

Article 424 Three days prior to an execution, the first instance people's court shall inform the people's procuratorate at the corresponding level to send an officer to monitor the execution.

Article 425 Executions shall be carried out by shooting or injection or via other methods.

Execution by injection shall be carried out in a designated execution location or in a custodial facility.

If an execution is to occur via a method other than shooting or injection, approval shall be requested in advance by reporting the request up through the court hierarchy to the Supreme People¡¯s Court.

Article 426 Prior to an execution, the judge who oversees the execution shall verify the identity of the offender, question the offender regarding any final words or written testaments, and make a record of these, and then deliver him to the executioner for execution.

The execution shall be publicly announced. However, parading the offender through the streets, or other degrading treatment, is prohibited.

Article 427 After execution, a forensic pathologist shall confirm the death of the offender and the court clerk at the scene shall make record of this. Within 15days after execution, the people¡¯s court in charge of the execution shall report the circumstances of the execution to the Supreme People¡¯s Court, including photos of the offender before and after the execution.

Article 428 The people¡¯s court in charge of the execution shall deal with the following matters following an execution:

(1) review the record of the offender¡¯s final words and written testaments in a timely manner; if the contents of the record involve issues such as property inheritance, debt settlement, arrangement of family affairs, etc., the record of final words and written testaments shall be given to the offender¡¯s family members, and a copy shall simultaneously be filed and docketed for future reference; a copy of contents involving leads and other issues related to the case shall be sent to the relevant departments;

(2) notify the offender¡¯s family members to claim the ashes by a certain deadline; if the body cannot be cremated due to a lack of cremation facilities, the offender¡¯s ethnicity, religion or other reasons, notify the offender¡¯s family members to claim the body; if the deadline has elapsed, the people¡¯s court shall notify other relevant authorities to deal with the ashes or body, and require the authority to submit a written description on the circumstances in which the ashes or body are disposed; the circumstances surrounding the disposal of the ashes or the body shall be recorded in the case file;

(3) following the execution of a foreign offender, the procedures and deadlines for notification of the foreign embassy or consulate shall be handled pursuant to the relevant regulations.

Section Two Surrender for Service of Sentences to the Death Penalty with Reprieve, Life Imprisonment, Fixed-term Imprisonment and Short-term Imprisonment

Article 429 If an offender is sentenced to the death penalty with reprieve, life imprisonment, fixed-term imprisonment or short-term imprisonment, and if the offender is in custody at the time a sentence is to be imposed, the first instance people¡¯s court shall, within ten days after the effective date of the judgment or ruling, deliver the official judgment or ruling, certified copy of the indictment, photocopy of a private criminal complaint, notice of imposition of sentence, or notice of case disposition form to the detention center. Then the public security organ will surrender the offender to begin serving the sentence.

If an offender who will be serving a sentence of incarceration has not yet been taken into custody prior to the date on which the judgment or ruling takes legal effect, the people¡¯s court shall deliver the offender to the custody of a detention center and handle procedures for sentence imposition according to the preceding paragraph, pursuant to the effective judgment or ruling.

Article 430 If some of the offender¡¯s codefendants in the case are sentenced to death, while other codefendants who did not receive a death sentence need to serve a custodial sentence, the latter shall be surrendered to serve their sentences within ten days following the legally effective date of the judgment or ruling. However, if the codefendants participated in crimes for which the others received the death penalty, they shall not be surrendered to serve their sentences until after the Supreme People¡¯s Court has conducted its review and questioned those codefendants who were sentenced to death.

Article 431 The proof of notice of sentence imposition shall be stamped by the detention center and then docketed in the case file for future reference.

Article 432 If an offender is sentenced to life imprisonment, fixed-term imprisonment or short-term imprisonment and meets the conditions of Article 254, paragraphs one and two of the Criminal Procedure Law, and the people¡¯s court decides that the sentence may be temporarily served outside of prison, the people¡¯s court must produce a notice of decision for temporary service of sentence outside of prison, specifying the basic circumstances of the crime, the specific offenses and sentence confirmed in the judgment, the reasons for temporary service of sentence outside of prison, legal bases, etc. The people¡¯s court shall inform county-level judicial administrative organs in the county of the offender¡¯s domicile to send an officer to process the transfer, and shall send a copy of the court decision to the county-level people's procuratorate and public security organ in the county of the offender¡¯s domicile.

If the people¡¯s procuratorate considers the people¡¯s court¡¯s decision for temporary service of sentence outside of prison improper, and if it submits its opinion in writing within the legally prescribed time limit, the people¡¯s court must immediately re-examine its decision, and must issue a decision within one month.

Article 433 If, when an offender is temporarily servicing a sentence outside of prison, any of the following circumstances are found to exist, and the people¡¯s court that originally issued the decision for temporary service of the sentence outside of prison receives an advisory notice to return the offender to prison from an enforcement authority, the people¡¯s court shall, within 15 days after receiving the notice, issue a decision that the offender be returned to prison:

(1) the offender does not meet the conditions for temporary service of sentence outside of prison;

(2) the offender left the city or county of his domicile without authorization and did not rectify the situation after receiving a warning, or refused to report his or her whereabouts and evaded supervision;

(3) after violating the supervision regulations and receiving public security administrative punishment, the offender still did not correct his or her behavior;

(4) after being warned twice by the enforcement authority, the offender still did not correct his or her behavior;

(5) the offender refused to submit clinical reports as required by regulation while released for medical treatment, and did not rectify this after receiving a warning;

(6) after the offender¡¯s term of temporary service of sentence outside of prison expired, the full term of the sentence was not yet complete;

(7) the offender¡¯s guarantor no longer met the conditions necessary to be a guarantor, or was disqualified due to non-fulfillment of his or her obligations, and the offender could not provide a new guarantor prior to the expiration of the time limit prescribed by regulation;

(8) the offender violated statutory laws, administrative regulations, supervision management rules, or other situations involving severe circumstances.

A people¡¯s court¡¯s decision to return an offender to prison takes legal effect immediately upon issuance.

Article 434 The people¡¯s court shall deliver the decision to return an offender to prison to the judicial administrative organ in the county of the offender¡¯s domicile. The judicial administrative organ then surrenders the offender to serve the sentence according to relevant regulations. The people¡¯s court shall send a copy of the decision to return the offender to prison to the people¡¯s procuratorate and public security organ at the corresponding level in the vicinity of the offender¡¯s domicile.

Article 435 When an offender is being returned to prison has periods of time that may not be counted toward the term of his sentence, the people¡¯s court shall, when it issues its decision to return the offender to prison, confirm the specific amount of time that will be excluded from the calculation of time served.

Section Three Surrender for Service of Sentences to Controlled Release, Suspended Sentence, and Deprivation of Political Rights

Article 436 The people¡¯s court shall verify the domicile of offenders sentenced to controlled release or a suspended sentence. When pronouncing the sentence, the people¡¯s court shall inform the offender via written notice of the deadline by which he or she must report to the county-level judicial administrative organ in the area of his or her domicile, and of the consequences if he or she fails to report by the deadline. Within ten days after the judgment or ruling takes effect, the people¡¯s court shall deliver the judgment, ruling, notice of imposition of sentence and other legal documents to the county-level judicial administrative organ in the vicinity of the offender¡¯s domicile, and send copies of these documents to the county-level people¡¯s procuratorate in the vicinity of the offender¡¯s domicile.

Article 437 For offenders who are being deprived only of their political rights, within ten days after the judgment or ruling takes effect, the people¡¯s court shall deliver the judgment, the ruling, the notice of imposition of sentence and other legal documents to the county-level public security organ in the vicinity of the offender¡¯s domicile, and copy the above documents to the county-level people¡¯s procuratorate in the vicinity of the offender¡¯s domicile.

Section Four Enforcement of Property-related Penalties and Collateral Civil Judgments

Article 438 Property-related penalties and collateral civil judgments shall been forced by the department in charge of the enforcement of judgments in the first instance people¡¯s court.

Article 439 Criminal fines shall be paid in full or in installments within the time limit required by the judgment. If the offender fails to pay the fine or fails to make full payment without a reasonable excuse within the time limit, the people¡¯s court shall compel the offender to pay the fine. If, despite being compelled to pay, the offender cannot pay the fine in full, the people¡¯s court shall, at any time, even if the incarceration term has already been served, recover the property whenever it discovers that the judgment debtor has property available.

If a defendant has already been fined by an administrative organ for the same facts, when imposing a criminal fine, the people¡¯s court shall deduct the portion already paid in administrative fines from the total amount of the criminal fine.

Once a judgment for property confiscation takes effect, it shall be enforced immediately.

Article 440 If, while enforcing a property-related penalty or collateral civil judgment, objections are raised by a third party based on ownership rights to the property subject to enforcement, the people¡¯s court shall consult the civil procedure regulations on objections to enforcement, and review and handle the matter according to those regulations.

Article 441 Offenders sentenced to property-related penalties, who also become judgment debtors in a collateral civil case, shall pay the civil compensation first.

If, prior to being sentenced to a property-related penalty, the offender had outstanding legitimate debt obligations, which need to be paid using the same property that would be subject to enforcement, if the creditor sends a request to the court, the creditor must be paid.

Article 442 If the person or the property subject to enforcement is located in another jurisdiction, the people¡¯s court may entrust the enforcement to a local people¡¯s court in that jurisdiction.

The court being entrusted with enforcement shall, after enforcing the property penalty, deliver the property to the State Treasury in a timely manner.

Article 443 When enforcing property penalties, a people¡¯s court shall rule to suspend the enforcement if any one of the following circumstances exists:

(1) if the items subject to enforcement are currently the disputed subject matter of a case being adjudicated by a people¡¯s court or arbitration institution, the people¡¯s court must wait for the decision in that case regarding ownership rights;

(2) a third party raises an objection on the items subject to enforcement;

(3) other circumstances requiring the suspension of enforcement.

Once the reasons for the suspension of enforcement no longer exist, the enforcement shall be resumed.

Article 444 While enforcing a property-related penalty, the people¡¯s court shall rule to terminate the enforcement if any one of the following circumstances exists:

(1) the judgment or ruling upon which the enforcement was based is revoked;

(2) the person subject to enforcement dies or is executed pursuant to a death sentence, and has no property remaining for the enforcement of the

judgment;

(3) a unit sentenced to a criminal fine closes down, and has no property remaining for the enforcement of the judgment;

(4) the person is exempted from fines pursuant to Article 53 of the Criminal Law;

(5) other circumstances requiring the termination of enforcement.

After ruling that enforcement be terminated, if a people¡¯s court discovers that the property of the person subject to enforcement had been concealed, transferred, etc., the people¡¯s court shall recover the property.

Article 445 If a property-related penalty is revoked in full or in part, the property already collected shall be returned in full or in part to the person subject to enforcement; if the property cannot be returned, compensation shall be paid.

Article 446 If, due to an unavoidable disaster the payment of a fine would cause true hardship, the person subject to enforcement shall submit relevant supporting materials to apply for a reduction or exemption from the fine. The people¡¯s court shall issue a ruling on the matter within one month after receiving such an application. If the person subject to enforcement meets the legal requirements for reduction or exemption, the people¡¯s court shall rule to permit reduction of or exemption from the fine; if not, it shall reject the application.

Article 447 The enforcement of property-related penalties and collateral civil judgments shall be processed according to regulations related to civil enforcement if there are no corresponding provisions in this Interpretation.

Section Five Adjudication of Sentence Reduction and Release on Parole

Article 448 If an offender sentenced to death with reprieve does not commit an intentional crime during the reprieve period, the death sentence shall be ruled reduced at the time of expiration of the period of reprieve. If, after the expiration of the reprieve period but prior to the sentence reduction ruling, the offender commits additional crimes, following the ruling reducing the death sentence, any new crimes shall be adjudicated pursuant to law.

Article 449 Sentence reduction and parole cases shall be handled according to the following provisions:

(1) sentence reductions for offenders sentenced to death with reprieve shall be ruled upon by the high people¡¯s court where the offender is serving his sentence, according to the written recommendation regarding sentence reduction reviewed and approved by the prison administrative authority at the corresponding level;

(2) sentence reductions and release on parole for offenders sentenced to life imprisonment shall be ruled upon by the high people¡¯s court where the offender is serving his sentence, within one month after receiving the written recommendation regarding sentence reduction or parole reviewed and approved by the prison administrative authority at the corresponding level; if the facts of the case are complex or there are other special circumstances, this deadline maybe extended by one month;

(3) sentence reductions and release on parole for offenders sentenced to fixed-term imprisonment or whose sentences were reduced to fixed-term imprisonment shall be ruled upon by the intermediate people¡¯s court where the offender is serving his sentence, within one month after receiving the written recommendation regarding sentence reduction or parole proposed by the enforcement authority; if the facts of the case are complex or there are special circumstances, this deadline may be extended by one month;

(4) sentence reductions for offenders sentenced to short-term imprison mentor controlled release shall be ruled upon by the intermediate people¡¯s court where the offender is serving his sentence, within one month after receiving the written recommendation regarding sentence reduction or parole examined and approved by the enforcement authority at the corresponding level.

Regarding sentence reductions for offenders temporarily serving their sentences outside of prison, the people¡¯s court shall refer to the relevant provisions above and make its decision according to the circumstances.

Article 450 When a sentence reduction or parole case is accepted, the materials transferred to the court by the enforcement authorities must be examined by the court to ascertain whether they include the following contents:

(1) written recommendation regarding sentence reduction or parole;

(2) copies of judgment documents, written notice of imposition of sentence, and all previous rulings regarding sentence reductions of the highest court to have heard the case;

(3) specific written materials showing that the offender has displayed remorse or rendered meritorious or extremely meritorious service or cooperation;

(4) the offender¡¯s assessment appraisal form, record of approved rewards and punishments while incarcerated, etc.;

(5) an investigative evaluation report on the potential effects of the offender¡¯s release on parole upon the residential community;

(6) any other materials sent to the court based upon the needs of the case.

Following examination, if the materials are incomplete, the court must notify the enforcement authority requesting sentence reduction or release on parole to send supplementary materials.

Article 451 When adjudicating sentence reduction and parole cases, the court shall examine the enforcement status of property-related penalties and collateral civil judgments, and any relinquishment of unlawful gains or restitution by the offender. Where the offender has actively fulfilled his obligations under the judgment, and his expressions of remorse can be confirmed, the court will be lenient in its handling of sentence reduction or parole; if the offender has the ability to fulfill his obligations under the judgment but does not do so, the court will be severe in its handling of sentence reduction or conditional release.

Article 452 When adjudicating sentence reduction and parole cases, the following information must be publicized:

(1) the name, age and other basic personal information about the offender;

(2) the original offense of conviction and duration of the sentence;

(3) circumstances related to the offender¡¯s previous sentence reduction(s);

(4) the enforcement authority¡¯s recommendation regarding sentence reduction or parole and the bases there for.

The public announcement must provide clearly, in writing, the deadline and means for the public to submit its opinions. The announcement is to be located in a public area in the vicinity of the location where the offender is serving his prison term; where the means are available, this can be publicized to the broader public.

Article 453 When adjudicating sentence reduction or parole cases, a collegial panel must be constituted, and an examination based upon the written record alone is permitted; however, in the following cases, an adjudication hearing must be held in court:

(1) if the request for sentence reduction is based on the offender¡¯s especially valuable cooperation or major meritorious service;

(2) if a request for sentence reduction is made prior to the earliest date upon which it is normally permitted, during a period of incarceration in which no requests for reduction are normally permitted, or if the amount of reduction requested is greater than that which is usually permitted, in variance with the usual regulations;

(3) if the effects on the community would be especially great or if the community is paying a great amount of attention to the case;

(4) during the publicity period, complaints are received;

(5) the people¡¯s procuratorate has objections;

(6) other cases that necessitate the holding of an adjudication hearing in court.

Article 454 Within seven days after issuing a ruling on sentence reduction or parole, the people¡¯s court shall send the ruling to the enforcement authority requesting the sentence reduction or parole, to the people¡¯s procuratorate at the corresponding level, and to the offender himself. If the people¡¯s procuratorate determines that sentence reduction or release on parole is improper, and if it provides a written correction opinion within the legally prescribed period of time, the people¡¯s court shall, after receiving that opinion, constitute another collegial panel to adjudicate the matter, and shall issue a ruling within one month.

Article 455 If, prior to the issuance of a ruling regarding sentence reduction or parole, an enforcement authority submits a written request to withdraw its recommendation for sentence reduction or parole, the people¡¯s court will determine whether or not to permit the request to withdraw the recommendation.

Article 456 If a people¡¯s court discovers that its own ruling regarding sentence reduction or parole, which has already taken effect, contains definite error, it shall constitute another collegial panel to adjudicate the matter; if it discovers that a lower people¡¯s court¡¯s ruling regarding sentence reduction or parole, which has already taken effect, contains definite error, it may instruct the lower people¡¯s court to constitute another collegial panel to adjudicate the matter.

Section Six Revocation of Release on Probation or Parole

Article 457 If, during a period of release on probation or parole, the offender commits a new crime, or if it is discovered that prior to the issuance of the judgment he or she had other pending criminal cases, the release on probation or parole shall be revoked, the original judgment or ruling granting probation or parole shall be revoked by the people¡¯s court adjudicating the new crime, and it shall notify the original people¡¯s court and enforcement authorities in writing.

Article 458 If, during the initial trial period of probation or parole, one of the following events occurs, the people¡¯s court that issued the original probation or parole judgment or ruling, shall, within one month after receiving the written revocation of probation or parole from the enforcement authority, issue a ruling revoking the probation or parole:

(1) a violation of a court prohibition order occurs, and the circumstances are serious;

(2) without a legitimate reason, failing to report as required by law or, during the period of community corrections, evading supervision for over one month;

(3) if, after receiving public security administration punishment as the result of violating the supervision regulations, the behavior is still not corrected;

(4) if, after receiving three warnings from the enforcement authority, the behavior is still not corrected;

(5) other serious violations of relevant statutory law, administrative law or regulation, and supervision regulations, and other situations in which the circumstances are serious.

Rulings by the people¡¯s court revoking probation or parole take effect immediately upon issuance.

People¡¯s courts shall send written rulings revoking probation to the county-level judicial administrative authorities in the vicinity of the offender¡¯s domicile, and those authorities will surrender the offender into custody to serve his sentence, pursuant to related regulations. Copies of written rulings revoking probation or parole shall be sent simultaneously to the people¡¯s procuratorate and public security organ at the corresponding level, in the vicinity of the offender¡¯s domicile.

Chapter 20 Adjudication Procedures for Juvenile Criminal Cases

Section One General Provisions

Article 459 People¡¯s Courts trying juvenile criminal cases shall carry out the education, reform and rescue directive and persist in the principle of education over punishment, to strengthen the special protection of minors.

Article 460 The people¡¯s courts shall strengthen communication between the relevant government departments as well as the Communist Youth League, women¡¯s Federations, Worker¡¯s Unions, child welfare organizations and other groups, to promote the implementation of people¡¯s adjudication, investigation of circumstances, placement assistance and other work in juvenile case; and fully ensure the lawful rights and interests of minors and actively participate in social management and comprehensive administration.

Article 461 The trial of juvenile criminal cases shall be carried out by judicial officers familiar with the physical and psychological characteristics of minors and adept at providing minors with ideological education; and the relative stability of this work by judicial officers shall be preserved.

People¡¯s jurors in juvenile criminal cases shall ordinarily be workers or retired personnel from groups such as the Communist Youth League, the Woman¡¯s Federation, worker¡¯s unions, schools, or child welfare organizations, who are familiar with the physical and psychological characteristics of minors, enthusiastic about the education, reform and rescue of troubled minors, and who have undergone mandatory training.

Article 462 Intermediate people¡¯s courts and basic level people¡¯s courts may establish an independent juvenile criminal division. Those that lack the resources, shall establish a collegial panel for juvenile criminal cases within the criminal division, or have specialized personnel try juvenile criminal cases.

High people¡¯s courts shall establish a collegial panel for handling juvenile criminal case within the criminal division. Those that have the resources may establish an independent juvenile criminal division.

Juvenile case divisions and collegial panels for juvenile criminal cases shall be collectively referred to as juvenile courts.

Article 463 The following cases are to be tried by juvenile courts:

(1) Cases where the defendant was not yet 18 when he committed the crime accused and not yet 20 when the case was filed by a people's court;

(2) joint criminal cases where the defendant who is charged with being the ringleader or principal offender was not yet 18 when he committed the crime accused and not yet 20 when the case was filed by a people's court.

Whether other joint criminal cases with juvenile defendants or other cases that involve minors shall be tried by the juvenile court will be decided by the court president based on the actual conditions of the juvenile court¡¯s work.

Article 464 Joint crimes by a juvenile and an adult where the cases were filed separately with the same people¡¯s court may be tried by the same trial organization; where trial by the same trial organization is not appropriate, they may be separately tried by the juvenile court and the criminal division.

In joint crimes by a juvenile and an adult that are tried by different people¡¯s courts or different trial organizations, the relevant people¡¯s courts or trial organizations shall have a mutual understanding of the trial conditions of the joint crime's defendants, and pay attention to the sentencing balance across the entire case.

Article 465 When it is necessary in a juvenile criminal case, a higher people¡¯s court may, on the basis of the provisions of Criminal Procedure Law Article 26, assign a lower people¡¯s court to send the case to a different people¡¯s court for trial.

Article 466 People¡¯s courts handling juvenile criminal cases, shall notify the juvenile defendant¡¯s legal agent to appear in court during questioning and court hearings. If there is no way to notify the legal agent, the agent cannot appear or is an accomplice, the defendant¡¯s other adult relatives, a representative of his school, workplace or basic residential organization, or a representative of a child welfare organization, may be notified to appear, and the relevant circumstance shall be noted in the case.

In addition to lawfully exercising the rights provided in Article 270 of the Criminal Procedure Law, other persons appearing in court may, with the court¡¯s consent, participate in work such as the courtroom education of the defendant.

The provisions of the previous two paragraphs apply in juvenile criminal cases using the simplified trial procedures.

Apply the provisions of paragraph 1 and 2 when questioning juvenile victims or witnesses.

Article 467 Cases where the defendant is not yet 18 years old when trial begins, shall without exception, not be tried openly. With the consent of the juvenile defendant and his legal representative, the juvenile defendant¡¯s current school and child welfare organizations may send representatives to appear in court. The number and range of representatives appearing in court is decided by the court. With the court¡¯s permission, representatives appearing in court may participate in the work of defendant's courtroom education.

In cases that are tried openly in accordance with law, but might require that a criminal record be sealed, personnel must not be organized to observe.

Article 468 Where there is a real need to notify juvenile victims or witnesses to appear in court and testify, the people¡¯s court shall adopt protective measures in accordance with the conditions of the case. Where resources are available, methods such as video casting may be adopted for questioning and verification of their statements or testimony.

Article 469 When handling juvenile criminal cases, the juvenile¡¯s name, residence, picture and other materials from which the juvenile¡¯s identity might be deduced must not be revealed to the outside world.

Case file materials in juvenile criminal cases that are read, copied or photocopied must not be disclosed or transmitted.

The provisions of the previous two paragraphs apply to criminal cases in which the victim is a minor.

Article 470 In trying juvenile criminal cases, where this chapter has no provisions, apply relevant provisions from this interpretation.

Section Two Trial Preparation

Article 471 When sending a copy of the indictment to a juvenile criminal defendant, the people¡¯s court shall clearly state the criminal conduct charged and the relevant laws and regulations, and inform him of trial procedures and his litigation rights and duties.

Article 472 Where juvenile criminal defendants not yet 18 years-old at the time of trial have not retained a lawyer, the people¡¯s court shall notify a legal aid organization to appoint a lawyer to provide him with a defense.

Article 473 If juvenile victims or their legal representatives have not retained an agent ad litem due to financial difficulties or other reasons, the people¡¯s court shall help them apply for legal aid.

Article 474 In juvenile criminal cases where a people¡¯s court decides to apply simplified trial procedures, it shall solicit the opinions of the juvenile defendant, his legal representative and defender. If the persons above object, the simplified procedures will not be used.

Article 475 If a defendant was not yet 18 years-old when committing the alleged crime, but is already 18 years old, but not yet 20 years-old when trial begins, his close relatives shall ordinarily be notified to appear in court. With the court¡¯s consent, the close relatives may present their opinions. If there is no way to notify the relatives, or they cannot appear or are accomplices, a record shall be made in the case.

Article 476 The court shall accept the investigation report sent by the people¡¯s procuratorate regarding characteristics of a juvenile defendant¡¯s personality, his home conditions, social relations, upbringing, reasons for the crime, behavior before and after the crime, supervision and education conditions and other such circumstances, as well as written materials provided by the defender in response reflecting on the above circumstances.

When necessary, a people¡¯s court may entrust the county level judicial administrative organ, communist you league organization or other social group organizations from the juvenile defendant¡¯s residence to investigate the above circumstances, or may personally investigate.

Article 477 For juvenile criminal cases, the people¡¯s courts, according to the circumstances, may carry out psychological counseling for the juvenile defendant; with the consent of the juvenile defendant and his legal representative, it may also carry out psychological evaluation.

Article 478 Before court opens and during recesses, the court, according to circumstances, may arrange meetings with the juvenile criminal defendant and his legal agent or other adult family members or representatives listed in the first paragraph of article 270 of the Criminal Procedure Law.

Section Three Trial

Article 479 Where the defense platform nears the observers' area, people's courts shall arrange a seat for juvenile defendants' legal agents or other adult relatives or representatives provided for in paragraph 1 of Criminal Procedure Law Article 270.

When hearing juvenile criminal cases that might result in a judgment of 5 years or less imprisonment or on crime of negligence, the court may adopt a seat arrangement suitable to the characteristics of juvenile defendants.

Article 480 Restraints must not be used on juvenile defendants in court, except where the defendant is significantly dangerous and might obstruct court activity. When it is necessary to use restraints, their use shall be stopped when the current threat has dissipated.

Article 481 If minors or their legal representatives refuse the defenders¡¯ defense at court, apply paragraph 1 and 2 of Article 254 of this interpretation.

If, after beginning trial anew, the juvenile defendant or his legal agent again refuses the defender's defense, it shall not be permitted. If when trial begins anew the defendant is already 18 years-old, it may be permitted but he must then carry out his own defense and not separately hire a defender or request a lawyer be appointed to him.

Article 482 Over the course of trial, adjudicatory personnel shall use language and means of expression appropriate to the juvenile defendants¡¯ degree of intellectual development and psychological state.

If it is discovered that there has been an enticement to confess, derision, mocking, threatening or other such treatment of the defendant, the chief judge shall stop it.

Article 483 If the prosecution or defense makes a sentencing suggestion that a juvenile defendant be sentenced to controlled release or have probation announced, they shall present written materials to the court regarding the juvenile defendant's ability to receive sufficient supervision and education, and showing that he will not be a significantly unwholesome influence on his residential area.

Article 484 The court shall review and hear the comments of both sides regarding the investigative report on a juvenile defendant's circumstances and any written materials provided by the defender on the defendant's circumstances. The report and materials described above may referenced for courtroom education and sentencing.

Article 485 At the conclusion of courtroom debate, the court may, on the basis of the case circumstances, carry out education; when finding a juvenile defendant guilty, education of the juvenile defendant shall be carried out.

When performing education of juvenile defendants, persons such as litigation participants, adult relatives and representatives provided for in paragraph 1 of Criminal Procedure Law Article 270, and social investigators and psychological counselors may be invited to participate.

In cases applying the simplified trial procedures, the provisions of the preceding two paragraphs shall apply to carrying out education of the juvenile criminal defendant.

Article 486After a juvenile defendant's final statement, the court shall inquire whether his legal agent will supplement the statement.

Article 487 In juvenile criminal cases, proclamation of the verdict shall be done openly, but methods such as large meetings shall not be adopted.

In cases where criminal records shall be sealed in accordance with law, persons may not be organized to observe the announcement of the verdict; If there are observers, they shall be told that they may not transmit case

information.

Article 488 In juvenile criminal cases where the time for the announcement of the verdict has been set, if the juvenile defendant's legal representative cannot be notified, cannot appear in court or is a co-criminal, the court may notify other adult relatives or representatives provided for in paragraph 1 of Criminal Procedure Law article 270 to appear in court, and deliver the verdict to the juvenile defendant's adult relatives after judgment is announced.

Section Four Enforcement

Article 489 When delivering juvenile offenders to prison to serve their sentences or sending them to community corrections, the people's courts shall also send the investigative report on the juvenile offender and the materials on his behavior at trial together with relevant legal certificates to the enforcement organ.

Article 490 The record of minors who were not yet 18 years old at the time of the crime and who were sentenced to five years or less imprisonment or excused from punishment, shall be sealed.

The relevant criminal records from cases where trial concluded before December 31, 2012, shall also be sealed.

When judicial organs or concerned work units submit a request to review sealed criminal records to a people's court, they shall state the reason and basis for the request. The people's court shall promptly a decision as to whether or not it consents to such a request.

Article 491 People's courts may establish communication with reform schools and other penal centers, learn about the circumstances of juvenile offenders' reform, coordinate the successful mentorship and reformation work, and may have follow up inspections with juvenile offenders currently serving a sentence.

Article 492 When people's courts find it is necessary, they may urge the parents of incarcerated juveniles or other guardians to visit them without delay.

Article 493 The people's courts may assist community corrections organizations in formulating mentorship measures for juvenile offenders sentenced to controlled release, under probation, parole, or temporarily serving their sentence outside of prison.

Article 494 People's courts may occasionally visit juvenile offenders sentenced to controlled released, granted probation, excused from criminal punishment, on parole or temporarily serving their sentence outside of prison, as well as their families, to understand the conditions of their supervision and education and guide the family of the juvenile offender in undertaking the responsibility of education and supervision so as to create an environment conducive to reform.

Article 495 People's court may make suggestions to the relevant departments in making arrangements for juvenile offenders that have the capacity for schooling or employment and are sentence to controlled release, on probation, excused from criminal punishment, granted parole, or temporarily serving their sentence outside of prison.

Chapter 21 Procedure for Public Prosecutions Where There is a Criminal Reconciliation between the Parties to the Case

Article 496 For public prosecution cases qualifying under Article 277, if the facts are clear and the evidence is sufficient, a people¡¯s court shall inform the parties that they are permitted to reconcile voluntarily. On the application of the parties, a people¡¯s court may preside over the negotiation between the parties to reach reconciliation.

Based on the circumstances of the case, the people¡¯s court may invite people¡¯s mediators, the defense advocate(s), the litigation advocate(s), the parties¡¯ family members and friends and others to participate in order to bring about are conciliation between the parties.

Article 497 For public prosecution cases qualifying under Article 277, where the victim is deceased, the victim¡¯s immediate family members may undertake are conciliation with the defendant. When there are multiple immediate family members, reconciliation requires consent from all the immediate family members of the deceased who have equal priority in inheritance.

If the victim lacks capacity for the conduct of their case or has diminished capacity, his or her guardian ad litem or immediate family members may reconcile with the defendant on his or her behalf.

Article 498 A defendant¡¯s immediate family members with the defendant¡¯s consent may reconcile with the victim on his or her behalf.

If the defendant is a person with diminished capacity, his or her guardian ad litem may reconcile with the victim on his or her behalf.

When the defendant¡¯s guardian ad litem, immediate family members reconcile with the victim on the defendant¡¯s behalf according to the above two proceeding paragraphs, the defendant shall carry out performance of the terms of their conciliation agreement such as making an apology.

Article 499 If a party disputes a reconciliation agreement presided over by a public security organ or a people¡¯s procuratorate, a people¡¯s court shall conduct a review. After the review, if the reconciliation is found to be voluntary and lawful, the reconciliation agreement shall be affirmed and there shall be no need to produce a new reconciliation agreement; if the reconciliation is found to be involuntary or unlawful, the reconciliation agreement shall be invalidated. After the reconciliation agreement has been invalidated, if the parties reach a new reconciliation, a people¡¯s court shall preside over the formation of a new reconciliation agreement.

Article 500 During adjudication, if the parties reconcile, the people¡¯s court shall hear the opinions of the parties, the opinions of their advocates, and the opinions of other relevant persons. If the parties reach reconciliation outside the courtroom, the people¡¯s court shall inform the people¡¯s procuratorate and hear its opinion. After a review, if the reconciliation is voluntary and lawful, the people¡¯s court shall preside over the formation of a new reconciliation agreement.

Article 501 A written reconciliation agreement shall include the following information:

(1) that the defendant has confessed the crime he or she£¨committed, has no objection to the facts of the crime, and has demonstrated sincere remorse;

(2) that the defendant obtains the victim¡¯s forgiveness by compensating for the loss, making an apology, or other means of obtaining the victim¡¯s forgiveness; if compensation is involved, the amount of damages and the payment method shall be specified; if a collateral civil action has been brought, the fact that the plaintiff has withdrawn the action shall be specified;

(3) that the victim voluntarily wishes to reconcile, and requests or agrees that the criminal suspect be granted leniency in punishment.

The reconciliation agreement shall be signed by the parties and adjudication personnel without the official seal of the people¡¯s court.

Three copies of the reconciliation agreement shall be made, with one copy kept by each of the parties, and one copy submitted to the people¡¯s court for attachment to the case file for future reference.

With respect to the terms of damages under a reconciliation agreement, if the parties require that the people¡¯s court keep such information confidential, this request shall be granted and corresponding measures shall be taken to keep the information confidential.

Article 502 With respect to the terms of damages under the reconciliation agreement, the defendant shall perform the terms of the agreement in a timely manner after signing the reconciliation agreement.

Where Parties recant after completing performance of the reconciliation agreement, the people¡¯s court shall not uphold such claims, unless the evidence establishes that the reconciliation was reached in violation of the principles of voluntariness and legality.

Article 503 When parties reach a reconciliation agreement and completely fulfill their performance obligations during the time for investigation and review of an indictment, if the victim or his or her agent ad litem or immediate family member later seeks to brings a collateral civil action, the people¡¯s court shall not accept£¬the case, unless the evidence establishes that the reconciliation was reached in violation of the principles of voluntariness and legality.

Article 504 When the victim or his or her legal representative or immediate family members brings a collateral civil action, if both parties wish to reconcile but the defendant is not immediately able to fulfill their entire obligation to make payment of damages, the people¡¯s court shall make a mediation agreement for the collateral civil action.

Article 505 A people¡¯s court shall give the defendant a lighter sentence in cases where a reconciliation agreement is reached; if the defendant meets the applicable conditions for a non-custodial sentence, the non-custodial sentence shall be imposed; if the statutory minimum sentence is too heavy, the punishment may be reduced; if, based on the all the circumstances of the case, the case is considered to be of a minor nature and there is no need to impose criminal punishment, criminal punishment may be dispensed with.

For joint criminal cases where some but not all defendants reach a reconciliation agreement with the victim, those defendants who reach a reconciliation agreement may be given a lenient punishment, giving due consideration to balanced sentencing for the case when considered as a whole.

Article 506 When a reconciliation agreement is reached, the written decision of the court shall describe the agreement in reference to the relevant provisions of the Criminal Procedure Law.

Chapter 22 Procedure for the Confiscation of Illegal Income in Cases Involving the Escape or Death of a Criminal Suspect or Defendant

Article 507 When illegal income and other property involved in a case shall be confiscated in accordance with the Criminal Law, upon meeting any of the following circumstances, the people¡¯s procuratorate may submit an application to the people¡¯s court for confiscation of illegal income:

(1) the criminal suspect or defendant escapes after committing a serious crime such as embezzlement, bribery, or terrorist activity, and cannot be present in court after being wanted for 1 year;

(2) the criminal suspect or defendant is dead.

Article 508 Under any of the following circumstances, a case shall be determined as the ¡°case involving a serious crime¡± under Article 280, Paragraph1 of the Criminal Procedure Law:

(1) the criminal suspect or the defendant may be sentenced to life imprisonment or a heavier penalty;

(2) the case has a significant impact within a province, an autonomous region, a municipality directly under the central government or nationally;

(3) other cases involving serious crimes.

Article 509 Property gained through the commission of a crime and its interest thereof, as well as contraband possessed by the defendant and personal property used to commit the crime, shall be determined as the ¡°illegal income and other property involved in a case¡± under Article 281, Paragraph 1 of the Criminal Procedure Law.

Article 510 When a people¡¯s procuratorate submits an application for confiscation of illegal income, the people¡¯s court shall review the following content:

(1) whether the court has jurisdiction;

(2) whether relevant circumstance of the crime the criminal suspect or defendant suspected of having committed are clearly stated, and relevant evidentiary material is attached;

(3) whether the wanted notice or the death certificate is attached;

(4) whether the category, quantity, and location of the illegal income and other property involved in the case are clearly listed, and relevant evidentiary material is attached;

(5) whether the list of illegal income and other property involved in the case being seized, impounded and frozen, and relevant legal formality for the seizure, impoundment, freeze are attached;

(6) whether the names, domicile address, contact information and requests of immediate family members of or other interested persons to the criminal suspect or defendant are clearly stated;

(7) whether the reason and legal ground for the confiscation of property are clearly stated.

Article 511 For an application for confiscation of illegal income, the people¡¯s court shall finish review within 7 days and handle respectively according to the circumstances below:

(1) if outside the court¡¯s jurisdiction, [the people¡¯s court] shall send it back it to the people¡¯s procuratorate;

(2) if the material is incomplete, [the people¡¯s court] shall notify the people¡¯s procuratorate to amend delivery [of materials] within 3 days;

(3) if within the scope of cases that apply the procedure of confiscation of illegal income and the jurisdiction of the people¡¯s court, and the material is complete, [the court] shall accept the case.

Where the property to be confiscated upon application has not been seized, impounded or frozen by the people¡¯s procuratorate or the term for the seizure, impoundment or freezing is about to expire, or there is a risk that property involved in the case may be concealed, transferred, destroyed or lost, the people¡¯s court may seize, impound or freeze the property to be confiscated upon application.

Article 512 After deciding to accept an application for confiscation of illegal income, the people¡¯s court shall make a public announcement within 15 days for6 months. The public announcement shall clearly state the following content:

(1) cause of action;

(2) basic information such as the escape or death of the criminal suspect or defendant wanted;

(3) the category, quantity and location of the property to be confiscated upon application;

(4) the format and maximum time limit for immediate family members of or other interested persons to the criminal suspect or defendant to apply to participate in the litigation;

(5) other information that shall be publicly announced.

The public announcement shall be published in a nationally-circulated newspaper or on the official website of the people¡¯s court, and shall be posted or promulgated on the bulletin board of the people¡¯s court; when necessary, the announcement may posted or promulgated at the location that the crime is committed, the domicile of the criminal suspect or the defendant, and the location of real estate to be confiscated upon application.

Where the people¡¯s court has at hand the contact information of the immediate family members of or other interested persons to the criminal suspect or defendant, [the people¡¯s court] shall directly inform them about the information in the public announcement through methods such as phone, fax, or email, and note in the case file.

Article 513 Person, who claims ownership of the property to be confiscated upon application, shall be determined as ¡°other interested persons¡± under Article 281, paragraph 2 of the Criminal Procedure Law.

Immediate family members of or other interested persons to the criminal suspect or defendant applying to participate in the litigation, shall file their application within the period of the public announcement. Immediate family members of the criminal suspect or defendant shall provide evidentiary material proving the relationship with the criminal suspect or defendant, other interested persons shall provide evidentiary material supporting their ownership of the property to be confiscated upon application.

Where immediate family members of or other interested persons apply to participate in the litigation after the period for public announcement ends, and If they are able to reasonably explain the cause and provide evidentiary material proving their ownership of the property to be confiscated upon application, the people¡¯s court shall allow such application.

Article 514 Upon expiration of the public announcement period, the case of confiscation of illegal income shall be heard by a collegial panel of the people¡¯s court.

If any interested person applies to participate in the litigation, the people¡¯s court shall try the case in an open court session. If no interested person applies to participate in the litigation, the case may be heard without an open court session.

Article 515 When trying a case of confiscation of illegal income in open court, the court session shall be conducted in accordance with the following procedures:

(1) after the chief judge announces the beginning of the investigation in court, the litigation advocate shall read the application first, followed by the interested persons, litigation agents presenting opinions;

(2) the court shall investigate in order whether the criminal suspect or defendant has committed a serious crime such as embezzlement, bribery, terrorist activities and has been wanted for one year but not made present in court, or has been dead, and whether the property to be confiscated upon application has been investigated according to law; during the investigation, the prosecutor shall present relevant evidence first, followed by the interested persons [shall]presenting their opinions and supporting evidence, and then conducting cross-examinations.

(3) at the stage of the oral argument, the prosecutor shall speak first, followed by interested parties and their litigation advocates, and then the parties debate.

Where an interested party, after receiving notification, refuses to appear in court without justified reason, or withdraws from a hearing without permission from the court, the case may then be tried without an open court session, except when there are other interested persons participating in the litigation.

Article 516 A people¡¯s court, after hearing a case of confiscation of illegal income, shall handle the case respectively according to the following situations:

(1) where the facts of the case are clear, evidence is definite and sufficient, and the property to be confiscated upon application is indeed illegal income or other property involved in the case, except for those ought to be returned to the victim in accordance with law, the court shall rule to confiscate.

(2) where the conditions in Article 507 of this Interpretation are not met, the court shall rule to dismiss the application.

Article 517 For a ruling to confiscate illegal income or dismiss an application for confiscation of illegal income, immediate family members of or other interested persons to the criminal suspect or defendant or the people¡¯s procuratorate may appeal or protest within 5 days.

Article 518 After hearing an appeal or a protest against the first instance ruling to confiscate or dismiss an application to confiscate illegal income, a people¡¯s court of second instance shall handle the case respectively according to the following situations:

(1) the original ruling is correct, [the people¡¯s court of second instance]shall dismiss the appeal or protest and uphold the original ruling;

(2) the original ruling is erroneous, [the people¡¯s court of second instance]may modify the original ruling after ascertaining the facts of the case; or may revoke the original ruling and send the case back for a retrial;

(3) where there is a violation of statutory procedure during the original trial that may affect a fair trial, [the people¡¯s court of second instance] shall revoke the original ruling and send the case back for a retrial.

Article 519 During the trial period of a case of confiscation of illegal income, If the fugitive criminal suspect or defendant presents in court, the people¡¯s court shall rule to terminate the trial. For a case where the people¡¯s procuratorate initiates the public prosecution in the original people¡¯s court that accepted the application to confiscate, [the case] may be heard by the same adjudicative decision-making body.

Article 520 During the trial, if the defendant dies or escapes, the people¡¯s procuratorate may apply to the people¡¯s court for confiscation of illegal income, provided that the conditions under Article 280, Paragraph 1of the Criminal Procedure Law are met.

An application submitted by the people¡¯s procuratorate to the original people¡¯s court that accepts the criminal case [the case] may be heard by the same adjudicative decision-making bodies according to procedures specified in this Chapter.

Article 521 The maximum time limit for the trial period for cases of confiscation of illegal income shall be counted by referring to the maximum time limit for the trial period for public prosecution cases of the first and second instance.

The time of public announcement and the time requesting for judicial

assistance in criminal cases shall not be counted in the period of trial.

Article 522 After a ruling to confiscate illegal income becomes effective, when the criminal suspect or defendant presents in court and objects to the ruling to confiscate, and people¡¯s procuratorate initiates a public prosecution in the people¡¯s court that renders the ruling to confiscate, [the case] may be heard by the same adjudicative decision-making body.

The people¡¯s court after hearing the case, shall handle the case according to the following situations respectively:

(1) where the original ruling is correct, [the people¡¯s court] shall uphold the ruling and refrain from deciding on the property involved;

(2) where the original ruling is erroneous, [the people¡¯s court] shall revoke the original ruling, and decide claims on the relevant property involved in the same judgment.

A ruling to confiscate entered into by a people¡¯s court proves to be erroneous, except for those under number 1, shall be corrected by following the trial supervision procedure. Property already being confiscated shall be timely returned; property turned over to the National Treasury shall be returned after the original confiscating authority applies to the treasury department to send back the property; for the property already sold or sold in an auction, the proceeds of which shall be returned; any property damages resulting on the criminal suspect or defendant or interested persons shall be compensated in accordance with law.

Article 523 When trying a case of confiscation of illegal income, the people¡¯s court shall refer to relevant rules in this Interpretation when not prescribed under this Chapter.

Chapter 23 Procedures for Compulsory Treatment of Mentally Ill Persons Not Bearing Criminal Responsibility in Accordance with the Law

Article 524 Compulsory treatment may be granted for mentally ill persons who have been found through statutory procedures to not bear criminal responsibility and who exhibit violent conduct that endangers public safety or seriously endangers citizens' physical safety, where the threat to society has already reached the level of a crime and there is a possibility that they will continue to endanger society.

Article 525 In a case where the people¡¯s procuratorate applies to have a mentally ill person who does not lawfully bear criminal responsibility given compulsory treatment, the basic people¡¯s court at the place where the application¡¯s subject exhibited violent conduct has jurisdiction, if it is more suitable for the basic people¡¯s court at the place of the application¡¯s subject¡¯s residence to adjudicate, the basic court at the application¡¯s subjects residence may have jurisdiction.

Article 526 The people¡¯s courts shall review the following content in applications for compulsory treatment submitted by the people's procuratorates:

(1) whether it is within that court¡¯s jurisdiction;

(2) whether the subject of the application¡¯s identity and circumstances of the violent conduct, such as the time, place , method, and any harm caused, are clearly written with relevant evidentiary materials attached;

(3) whether a forensic medical examiner¡¯s examination opinion and other evidentiary materials proving that the application¡¯s subject is a mentally ill person lawfully not bearing criminal responsibility are attached;

(4) whether the subject of the application¡¯s legal representative¡¯s name, address and contact information are clearly listed;

(5) other matters that need to be reviewed.

Article 527 The people¡¯s courts shall complete the review of applications for compulsory treatment raised by the people¡¯s procuratorates within 7 days and handle the matter according to distinct situations listed below:

(1) is not under the jurisdiction of the Court, and shall be returned to the people's procuratorate;

(2) materials are incomplete; notify the people¡¯s procuratorate to supplement within 3 days;

(3) within the scope for accepting cases on compulsory treatment procedures and within the court¡¯s jurisdiction, the materials are complete; the case shall be accepted.

Article 528 When trying a compulsory treatment case, the subject of the application's or the defendant¡¯s legal representative shall be notified to appear. If the subject of the application or defendant has not retained an agent ad litem, a legal aid organization shall be contacted to appoint a lawyer to serve as his agent ad litem and to provide him with legal assistance.

Article 529 When trying a compulsory treatment case, a collegial panel shall be formed and courtroom hearing held, with an exception however, if the subject of the application's or defendant¡¯s legal representative requests that there not be a courtroom hearing, and the court consents upon review.

When trying cases where the people¡¯s procuratorate has requested compulsory treatment, a meeting shall be had with the subject of the application.

Article 530 When opening court to hear a case of an application for compulsory treatment, the following procedures shall be followed:

(1) after the chief judge announces that the in-court investigation has begun, the procurator will first read the application, then the subject of the application¡¯s legal representative or agent ad litem will make comments;

(2) the court will sequentially inquire into the issues of whether the subject of the application has exhibited violent conduct that endangered public security or seriously harmed individual¡¯s physical safety, whether he is a mentally ill person who does not lawfully bear criminal responsibility and whether there is a possibility of the threat to society continuing. When making the inquiry, the procurator will first present relevant evidence and then the subject of the application¡¯s litigation agent will make comments, present evidence and challenge evidence;

(3) during the courtroom debate, the procurator speaks first, then the subject of the application¡¯s legal representative or agent ad litem will speak and debate.

If the subject of the application requests to appear in court, and the people¡¯s court, having reviewed his physical and mental condition, feels he may appear in court, it shall give approval. When appearing in court, the subject of the application may make comments during the courtroom investigation and debate phases.

After the procurator has read the application, if the subject of the application¡¯s legal representative or agent ad litem has no objections, the courtroom investigation may be simplified.

Article 531 In cases of an application for compulsory treatment, the people¡¯s court, after trial, shall handle the matter according to the distinct situations listed below:

(1) meets the requirements for compulsory treatment set forth in Article

284 of the Criminal Procedure Law; a decision shall be made for compulsory treatment of the subject of the application;

(2) the subject of the application is a mentally ill person not bearing criminal responsibility under law, but not meeting the standards for compulsory treatment; it shall be decided that the application for compulsory treatment be rejected; where the subject of the application has already caused harmful consequences, his family or guardian shall be ordered to closely look after him and treat him;

(3) the subject of the application has full or partial capacity for criminal responsibility and criminal responsibility shall be pursued in accordance with law; a decision shall be made to reject the application for compulsory treatment and return the case to the people¡¯s procuratorate to handle the case according to law.

Article 532 If a people¡¯s court of first instance discovers during the course of trial that the defendant might meet the requirements for compulsory treatment, it shall follow the statutory procedures for carrying out a forensic medicine psychiatric assessment. Where, having been examined, the defendant is a mentally ill person not bearing criminal responsibility under law, the procedures for compulsory treatment shall be used to carry out trial.

When opening court for trial of a case described in the above section, first, a member of the collegial panel shall read the defendant¡¯s forensic medicine psychiatric examination opinion, explain that the defendant might meet the requirements for compulsory treatment, and then, in succession, the prosecution and defendant¡¯s legal representative or agent ad litem will make comments. With the chief judge¡¯s permission, the procurator and the defendant¡¯s legal representative or litigation agent may debate.

Article 533 In cases provided for in the preceding article, after trial, the people¡¯s court shall handle the case according to the following distinct circumstances:

(1) the defendant meets the requirements for compulsory therapy; judgment will be pronounced that the defendant lacks criminal responsibility and at the same time a decision will made for the defendant to receive compulsory treatment;

(2) the defendant is a mentally ill person not bearing criminal responsibility under law, but does not meet the requirements for compulsory treatment, judgment shall be pronounced that the defendant does not bear criminal responsibility, if the defendant has already caused harmful consequences, his family or guardian shall be instructed at the same time, to carefully look after and treat him;

(3) the defendant has full or partial capacity for criminal responsibility, and criminal responsibility shall be pursued in accordance with law; trial shall continue under ordinary procedures.

Article 534 Where a people¡¯s court in the course of hearing the second-instance trial of a criminal case discover that a defendant might meet the requirements for compulsory treatment, it may handle the case according to the compulsory treatment procedures, it may also decide to return the case to the original trial court for a new judgment.

Article 535 People¡¯s courts deciding on compulsory treatment shall, within 5days of making a decision, deliver the compulsory treatment decision documents and a notification of enforcement of compulsory treatment to the public security organs and the public security organs shall deliver the person found subject to compulsory treatment to their compulsory treatment.

Article 536 When the person found subject to compulsory treatment, the victim and his legal representative, or close relatives do not accept the compulsory treatment verdict, they may appeal to the people¡¯s court at the level above, within5 days of when they received the decision document, for reconsideration of the application. During the reconsideration, enforcement of the decision for compulsory treatment is not stopped.

Article 537 For requests to reconsider the compulsory treatment decision, the people¡¯s court at the level above shall form a collegial panel and, within one month, make a reconsideration opinion according to the distinct circumstances listed below:

(1) the person that it has been found subject to compulsory treatment meets the requirement for compulsory treatment; the application for reconsideration shall be rejected and the original judgment maintained;

(2) the person that it has been decided will receive compulsory treatment does not meet the requirements for compulsory treatment; the original verdict will be repealed;

(3) the original trial violated statutory litigation procedures so that the fairness of the in adjudication may have been affected; the original judgment shall be annulled and returned to the original trial court for a new judgment.

Article 538 For judgments or decisions under article 533(1) of this interpretation, where the people's procuratorate requests an appeal, and at the same time, the person who it has been decided will receive compulsory treatment, the victim and his legal representative, and close family members request reconsideration, the people¡¯s court at the level above shall follow procedures for second-instance trials and handle the matters together.

Article 539 In cases of an application for compulsory treatment, where there is no provision in this chapter, refer to relevant provisions in the public prosecution ordinary first-instance and second instance procedures.

Article 540 When a person subjected to compulsory treatment or his close family applies to remove compulsory treatment, they shall make the request to the people¡¯s court that made that compulsory treatment decision.

When the application of a person subjected to compulsory treatment or his close family for removal of compulsory treatment is rejected by the people¡¯s court, if another application is made after six-months, the people¡¯s court shall accept the case.

Article 541 When compulsory treatment establishments put forward an opinion to remove compulsory treatment or the person subjected to involuntary treat mentor his close family apply to remove compulsory treatment, the people¡¯s court shall review whether there is a diagnostic evaluation report of the person under compulsory treatment attached.

When compulsory treatment establishments put forward an opinion for removing compulsory treatment and there is not a diagnostic evaluation report attached, the people¡¯s court shall request it be provided.

Where the person subjected to compulsory treatment and his close relatives apply to a people¡¯s court to remove compulsory treatment, and the compulsory treatment establishment has not provided a diagnostic evaluation report, the applicant may apply to the people¡¯s court to obtain it. If necessary, the people¡¯s court may appoint an assessment agency to perform an assessment of the person under compulsory treatment.

Article 542 When compulsory treatment establishments submit an opinion to have compulsory treatment removed or the person subjected to compulsory treatment and his close family applies for removal of compulsory treatment, the people¡¯s court shall form a collegiate panel to perform a review, and, within one month, handle the matter according to the following distinct situations:

(1) where the person under compulsory treatment is no longer dangerous and there is no need to continue compulsory treatment; a decision shall be made to remove compulsory treatment and the family of the person under compulsory treatment may be ordered to carefully watch over and treat him;

(2) where the person under compulsory treatment still remains dangerous, and there is a need to continue compulsory treatment, a decision shall be made to continue compulsory treatment.

Within five days of making a decision, people¡¯s courts shall deliver the decision to the compulsory treatment establishment, the person applying to remove compulsory treatment, the person under compulsory treatment, and the people¡¯s procuratorate. If the decision is to terminate compulsory treatment, the compulsory treatment establishment shall be notified to cease compulsory treatment on the day they receive the decision.

Article 543 When the people¡¯s procuratorate feels that a compulsory treatment decision or a decision to cease compulsory treatment is incorrect, and submits a written correction opinion within 20 days of receiving the decision document, the people¡¯s court shall separately for a collegiate panel to try the matter and make a decision within one month.

Chapter 24 Supplementary Provisions

Article 544 To interrogate a defendant, pronounce a judgment, adjudicate a case involving reduction of sentence or release on parole, a people¡¯s court may, depending upon the situation of the case, adopt the audio-video method.

Article 545 Filing with a people¡¯s court for private prosecution, an appeal, a petition, an application, etc, shall be made in writing. Unless otherwise provided,[filer] having difficulty in writing may file verbally, then employee in a people¡¯s court shall transcribe or note in the case file, and read it to the person or give it to the person for him or her to read.

Article 546 Work record or transcript made or rendered during the litigation period, shall be signed or sealed by the author and other relevant persons. For litigation documents such as announcements or delivery of judgments, rulings, decisions, notifications served, etc, the litigation document or its service acknowledgment shall be signed and sealed by the addressee of the announcement or the document.

Litigation participants who have not signed or sealed shall attach finger-print; criminal defendants shall attach finger-print in addition to signing or sealing.

Where a party refuses to sign, seal or attach his or her fingerprint, the case-handling personnel shall record the situation in the litigation document or transcript material, and the effectiveness of relevant litigation document or transcript material is not undermined if authenticated by relevant authenticating witness or proved by audio-video tapes.

Article 547 This Interpretation shall be applicable to special people¡¯s courts such as the military courts and railroad transportation courts.

Article 548 This Interpretation becomes effective on January 1st of 2013, and the Interpretation On Several Issues Regarding The Implementation Of The Criminal Procedure Law Of The People¡¯s Republic Of China promulgated by the Supreme People¡¯s Court on September 2nd of 1998 shall be repealed at the same time; any prior judicial interpretation or regulatory documents issued by the Supreme People¡¯s court in conflict with this Interpretation shall be overridden by this Interpretation.

 

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