procedure

1
procedure criminal procedure criminal
procedure law
2
2.The aim of the Criminal Procedure Law of the
People's Republic of China is to ensure
accurate and timely ascertainment of facts about
crimes, correct application of law, punishment
of criminals and protection of the innocent
against being investigated for criminal
responsibility to enhance the citizens'
awareness of the need to abide by law and to
fight vigorously against criminal acts in order
to safeguard the socialist legal system, to
protect the citizens' personal rights their
property rights, democratic rights and other
rights and to guarantee smooth progress of the
cause of socialist development.
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3.criminal procedure law basic principles
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4.The public security organs shall be responsible
for investigation, detention, execution of
arrests and preliminary inquiry in criminal
cases. The People's Procuratorates shall be
responsible for procuratorial work, authorizing
approval of arrests, conducting investigation
and initiating public prosecution of cases
directly accepted by the procuratorial organs.
The People's Courts shall be responsible for
adjudication. Except as otherwise provided by
law, no other organs, organizations or
individuals shall have the authority to exercise
such power
5
5. In conducting criminal proceedings, the
People's Courts, the People's Procuratorates and
the public security organs shall divide
responsibilities, coordinate their efforts and
check each other to ensure the correct and
effective enforcement of law.
6
6. A defendant shall have the right to defence,
and the People's Courts shall have the duty to
guarantee his defence.
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7. No person shall be found guilty without being
judged as such by a People's Court according to
law.
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8. In any of the following circumstances, no
criminal responsibility shall be investigated
if investigation has already been undertaken,
the case shall be dismissed, or prosecution
shall not be initiated, or the handling shall be
terminated, or innocence shall be declared
9
9. In accordance with the international treaties
which the People's Republic of China has
concluded or acceded to or on the principle of
reciprocity, the judicial organs of China and
that of other countries may request judicial
assistance from each other in criminal affairs
10
10. The systems of the Criminal Procedure Law
11
11. Trials of cases of first instance in the
Primary and Intermediate People's Courts shall
be conducted by a collegial panel composed of
three judges or of judges and people's assessors
totalling three. However, cases in which summary
procedure is applied in the Primary People's
Courts may be tried by a single judge alone.
Trials of cases of first instance in the Higher
People's Courts or the Supreme People's Court
shall be conducted by a collegial panel composed
of three to seven judges or of judges and
people's assessors totalling three to seven.
12
12. In any of the following situations, a member
of the judicial, procuratorial or investigatory
personnel shall voluntarily withdraw, and the
parties to the case and their legal
representatives shall have the right to demand
his withdrawal
13
13. Cases of first instance in a People's Court
shall be heard in public. However, cases
involving State secrets or private affairs of
individuals shall not be heard in public. No
cases involving crimes committed by minors who
have reached the age of 14 but not the age of 16
shall be heard in public. Generally, cases
involving crimes committed by minors who have
reached the age of 16 but not the age of 18 shall
also not be heard in public.
14
14. All judgments and orders of second instance
and all judgments and orders of the Supreme
People's Court are final.
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?The Definition and principle of Jurisdiction
? The Definition of Jurisdiction
Criminal cases shall be handled directly by the
People's Courts.
Criminal cases shall be placed on file for
investigation by the People's Procuratorates.
The Jurisdiction of function
Jurisdiction
Criminal cases shall be conducted by the public
security organs.
Differentiated Jurisdiction
ordinary Jurisdiction
Regional Jurisdiction
The Jurisdiction of Judgement
special Jurisdiction
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? The principle of Jurisdiction
?Timing and Validity
?Suitability and Equilibrium
?Convenience and Positivity
?Principle and Agility?
17
?The Jurisdiction of function
?summarization
The Jurisdiction of function
Criminal cases shall be handled directly by the
People's Courts.
Criminal cases shall be placed on file for
investigation by the People's Procuratorates.
Criminal cases shall be conducted by the public
security organs.
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? Criminal cases shall be handled directly by the
People's Courts.
Criminal cases shall be handled directly by the
People's Courts.
cases for which the victims have evidence to
prove that the defendants should be investigated
for criminal responsibility according to law
because their acts have infringed upon the
victims' personal or property rights, whereas,
the public security organs or the People's
Procuratorates do not investigate the criminal
responsibility of the accused.
cases to be handled only upon complaint
cases for which the victims have evidence to
prove that those are minor criminal cases
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? Criminal cases shall be placed on file for
investigation by the People's Procuratorates.
Criminal cases shall be placed on file for
investigation by the People's Procuratorates.
crimes of dereliction of duty committed by State
functionaries
crimes involving violations of a citizen's
personal rights and a citizen's democratic
rights by taking advantage of their functions and
powers
If cases involving other grave crimes committed
by State functionaries by taking advantage of
their functions and powers need be handled
directly by the People's Procuratorates, they may
be placed on file for investigation by the
People's Procuratorates upon decision by the
People's Procuratorates at or above the
provincial level.
Crimes of embezzlement and bribery
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? Criminal cases shall be conducted by the public
security organs
Investigation in criminal cases shall be
conducted by the public security organs, except
as otherwise provided by law.
? Criminal cases shall be placed on file for
investigation by the People's Procuratorates
?Cases of private prosecution shall be handled
directly by the People's Courts
? The security departments of the Army shall
exercise the power of investigation with respect
to criminal offences that have occurred in the
Army
?Crimes committed by criminals in prison shall be
investigated by the prison
? State security organs shall handle cases of
crimes that endanger State security
?Crimes of smuggle shall be investigated Custom.
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? Jurisdiction of Judgement
special Jurisdiction (military court and railway
court)
Regional Jurisdiction (Most criminal cases shall
be under the jurisdiction of the People's Court
in the place where the crime was committed , less
criminal cases shall be under the jurisdiction of
the People's Court in the place where the crime
was committed )
Differentiated Jurisdiction (The Primary People's
Courts ?The Intermediate People's Courts ?The
Higher People's Courts ?The Supreme People's
Court )
The Supreme People's Court shall have
jurisdiction as the court of first instance over
major criminal cases that pertain to the whole
nation.
The Intermediate People's Courts shall have
jurisdiction over cases endangering State
security?ordinary criminal cases punishable by
life imprisonment or the death penalty and
criminal cases in which the offenders are
foreigners.
The Higher People's Courts shall have
jurisdiction as courts of first instance over
major criminal cases that pertain to an entire
province
The Primary People's Courts shall have
jurisdiction over most ordinary criminal cases
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Evidence of Criminal Procedure
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Evidence of Criminal Procedure

• Concept and characteristic
• Forms of evidence
• Standards of proof
• Burden of proof
• The principle about using of the evidence

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Concept of Evidence of Criminal Procedure

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

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Characteristic of Evidence of Criminal Procedure

• Objectivity The evidence must be the fact
  existing objectively.
• Related The evidence must have connections with
  the case fact .
• Legitimacy Namely evidence of criminal suit must
  collect according to the due course of law and
  the fact was established after investigation and
  have legal forms also.

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Definition of Forms of evidence

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

27
Forms of evidence

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

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Material evidence

• Prove all articles and mark of the case truth?
• Characteristic of material evidence
• Objectivity
• Specific
• Indirect

29
Documented evidence

• It is prove case written material or other
  material material , fact of situation to come
  with content and thought of reflection that
  record itself.
• Characteristic of documented evidence
• The documented evidence proves case situation
  with its content that is recorded or expressing.
• The content or thoughts expressed that the
  documented evidence records, is suitable for
  others' knowing and understanding .
• The content of the documented evidence must
  reflect certain case fact , can be in order to
  find out the fact situation of the case.

30
Witness' testimony

• The witness is oral and stating in writing to
  what the judicial authority does on the situation
  of case understood by it
• Characteristic of Witness' testimony
• It is only witness' but not personal conjecture
  or analysis and judgement suggestion to the
  esthesia of the relevant situations of the case .
  
• It is that the witness, to the reflection which
  perceives the rumor situation, this kind of
  reflection will be influenced by the witness is
  subjective and objective condition unavoidably,
  even good will witness may offer the unfounded
  testimony .
• Because the witness is the third person beyond a
  party, generally, the treatment of he , case and
  case does not have personal stake, so, witness'
  testimony is for being objective , can be
  believed than the evidence of other words .
• The source of witness' testimony and problem
  range of the identification are very extensive

31
The injured party states

• Injured party their to statement judicial
  authority act as situation and other related to
  case situation that criminal offence encroach on
  .
• Characteristic of the injured party states
• The injured party state that generally has
  objective authenticity and stronger
  identification strength .
• The injured party states that there is
  overstating nature sometimes.

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The suspect , defendant state and explain

• Suspect , on about case situation to investigate
  , procuratorial work and trying the statement
  that personnel make defendant, usually called "
  deposition " too.
• Including suspect , admit oneself stating and
  proving oneself innocent , crime light
  explaination guilty by defendant.

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Expert's conclusion

• Judicial authority appoint or engage with special
  knowledge person, specialization issue in case go
  on written conclusions made after determining
• Characteristic
• It is the conclusion suggestion that the surveyor
  draws to the special problem in the case after
  being appraised.
• It is that the surveyor uses one's own special
  knowledge skill , relies on the scientific
  instrument , result about specialization problem
  in the analysing and researching case
• It between surveyor and case to be solved some
  specialization conclusion problem act as, but not
  the suggestion offered to the legal question.

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Investigate on the spot , check and put down

• Personnel in charge of the case go on investigate
  to related to crime place , article , mark ,
  corpse , personal one on the spot , record acted
  as to check .
• Form It is generally a writing record, there are
  drawing , taking pictures , video , model ,etc.
  too.

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Audiovisual material

• Prove materials , case of truth with recording ,
  video , electronic computer , other Hi-Tech
  equipment information stored .
• Highly ocular
• Forming , reserve and reproducing of the
  audiovisual material, have accuracy and fidelity
  
• The audiovisual material has dynamic continuity
  that various kinds of tangible evidences do not
  possess .

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The concept of Standards of proof

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

37
Historical changes about Standards of proof

• In the evidence system of prophesy of ancient
  times Accord with the result of prophesy , reach
  " prophesy is true ".
• In the system of legal evidence of the feudal
  society Can only up to " legally and trully " or
  " the form is true ", but not really find out the
  details of the case .
• The evidence systems of the modern western
  countries Find entity's true doctrine.

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Standards of proof of our country

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

39
The difficult case proves the standard definite
principle

• the amended criminal procedure law have made the
  clear regulation in treatment to difficult case .
• First of all, the criminal procedure law has
  established and has not " been adjudged by the
  people's court in the basic principle part (12 ),
  principle on can't confirm anyone guiltily ".
• Secondly , have stipulated the concrete treatment
  procedure of the difficult case .
• Doubt the crime pays attention to the inevitable
  value choice that human rights ensures from
  having. Question of involving the interests at
  the same time and weighing.

40
Burden of proof

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

41
Private prosecution

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

42
The principle about using of the evidence

• Pay attention to the evidence, pay attention to
  making investigations , does not readily believe
  deposition .
• Forbid extorting a confession by torture.
• Respect the case truth of the matter .
• Doubt the crime from the treatment principle that
  does not have.

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

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

44
Forbid extorting a confession by torture

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

45
Respect the case truth of the matter

• Article 44 of the criminal procedure law
  stipulates "The public security organ submits
  to and sanctions arresting the book , indictment
  of people's procuratorate , people's court court
  verdict, must be faithful in the truth of the
  matter . Cnoceal the fact on purpose, should
  investigate responsibility . "
• Loyal to the truth of the matter Mean judicial
  personnel deal with the case , must seek truth
  from facts , reflect the truth situation of the
  case accurately . In criminal suit, faithful in
  the truth of the matter , a basic demand to
  judicial personnel, enforce the law impartially ,
  deal with the prerequisite of the case correctly.

46
Doubt the crime from the treatment principle that
does not have

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

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ChapterCoercive Measures
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Coercive Measures

• Definition
• Subpoena
• Bail
• Under Surveillance
• Detention
• Arrest

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Concept of Coercive Measures

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

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Distinguish of Coercive Measures and Penalty

• Purposes are different the purpose to use
  compulsory measure is mainly for preventing the
  defendant , suspect from running away, acting in
  collusion to make each other's confessions tally,
  destroying, forging the evidence or continuing
  the crime, guarantee the harmony of criminal
  suit And the purpose of suitable penalty, mainly
  prevent the emergence of criminal offence for
  punishing and transforming criminals.
• Targets are different The target with suitable
  compulsory measure is defendant , suspect And
  the suitable target of penalty is to sentence
  guilty crime people.
• Organs implemented are different the organ
  having the right to take the compulsory measure
  is public security organ , people's procuratorate
  and people's court And have the right the organ
  of suitable penalty can only be the people's
  court.
• Legal consequences are different he compulsory
  measure is adopted according to the criminal
  procedure law, the principle of suitable
  presumption of innocence of the person of the
  compulsory measure to adopting, if not sentenced
  penalty by the people's court , can't think he
  has previous conviction a mislead And penalty
  is made according to criminal law, after penalty
  finishes, the person that he is considered to
  have previous conviction in the society.

51
Distinguish of Coercive Measures and
Administrative Penalty

• Nature is different compulsory measure for
  guarantee harmony of criminal suit, mandatory and
  method of taking precautions against etc. that
  adopt at contentious procedure And
  administrative penalty is to a kind of punishment
  adopted of person who violates the administrative
  statute.
• Organs used are different the compulsory measure
  can only be used by public security organ ,
  people's procuratorate and people's court And
  administrative penalty can only be used by
  relevant administrative organs
• Legal bases are different the compulsory measure
  should be according to the relevant legal
  provisions of the criminal procedure law And
  administrative penalty, according to relevant
  administrative statutes or rules.
• Legal consequences are differentthe compulsory
  measure has changeability , the nature not
  punished And the decision on administrative
  sanctions has administrative penalty nature and
  relative stability, can't alter unless under due
  course of law.

52
Distinguish of Coercive Measures among Criminal
suit ?Civil action and Administrative litigation

• Suitable targets are different the compulsory
  measure of criminal suit can only be suitable for
  the defendants , suspects in criminal suit, they
  are all in the position charged, is the lawsuit
  party Civil action, administrative litigation
  compulsory measure are not merely suitable for
  the original , defendant , and is suitable for
  participating in people in witnesses and other
  lawsuits.
• The organ had the right to adopt is not self-same
  the compulsory measure of criminal suit can
  speaking from the whole be exercised by three
  organs in common , examines , France And civil
  action, administrative litigation compulsory
  measure can only be used in accordance with the
  law by the people's court.
• Suitable conditions are different the criminal
  procedure law different to various kinds of
  compulsory measure regulations is applicable to
  the terms, but only the defendant , suspect may
  impair criminal suit to go on or endanger the
  behavior of the society smoothly , can take
  compulsory measure to it according to different
  situations And civil action, administrative
  litigation compulsory measure are only after one
  citizen has implemented the behavior of impairing
  civil action or administrative litigation on
  purpose, the people's court could adopt it .
• The kind is different.there are five kinds of
  compulsory measures of criminal suit, namely
  arrest and spread , recognize , monitor living ,
  detain and arrest There are five kinds of
  compulsory measures of civil action too Arrest
  and spread , admonish , order to withdraw from
  the court , fine and detain There are four
  kinds of compulsory measures of administrative
  litigation Admonish , order to sign an
  undertaking to repent , fine and detain .

53
Subpoena

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

54
Bail

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

55
Under Surveillance

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

56
Under Surveillance

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

57
Detention

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

58
Detention in advance

• Discovered immediately after preparing the crime,
  implementing the crime or the crime
• Injured party or the person that witnesses
  present mean that recognizes his crime
• Or find the one with a crime evidence in the
  residence at one's side
• Attempt to commit suicide after the crime, runs
  away or at large one
• Is it destroy , forge evidence or act in
  collusion to make each other's confessions tally
  not possible to have
• Do not speak true name , address , clueless
• Great suspicion that flee hither and thither and
  commit a crime , commit a crime , gang and commit
  a crime many times

59
Arrest

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

60
Condition of arrest

• The evidence proves that there are crime facts
• May sentence the above penalty of the sentence
• It is essential to arrest, namely the method of
  taking the recognizance , monitoring inhabitting
  etc. is still not enough to prevent society's
  dangerous emergence.

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Section five Procedure of Criminal Procedure
62
Main Knowledge

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

63
Definition of Filing a Case

• Filing a case is the first stage of criminal
  procedure
• ConceptAfter the public office , the people's
  procuratorates and the people's court examine
  material of charging , informing against or
  giving oneself up etc., they think that really
  there is a crime fact and need to investigate the
  actor's criminal responsibility, and determine to
  carry on a kind of lawsuit activity that is
  investigated or trying as the criminal case .
• The Source of the Material of Filing a Case
• the public office and the people's
  procuratoratesdirect finding
• units and individuals (vicims) Report a case ,
  charge , report
• suspectsgiving oneself up

64
The Condition of Filing a Case

• Crime fact
• Criminal responsibility

65
The procedecure of filing a case
(Taking emergency measures ) Transfering to the
competent authority
Having no right of jurisdiction
the public office the people's procuratorates
and the people's court
accepting
Filing a case
examining
Not filing a case
66
Supervision of Filing a Case
the people's procuratorates
Require the public office explaine the reason
of not filing the case
The people procuratorates think the reason of
not filing the case is not true
The pulic office should file a case but they do
not file the file
victims
Tell them to file the case
(Private case) Direct prosecution
67
The concept of investigation

• Investigation means the public office , the
  people's procuratorates in the course of handling
  the case , carry on special investigation and
  relevant mandatory measures according to the law.
  ?
• PrincipalsRapidly in time, objective and
  overall, rule by law , keep the secret of
  investigation , special organ combine with masses
  to guard to observing.

68
Action of Investigation

• Interrogation of criminal suspects
• Questioning of witness and victims
• Inquest and examination
• Search
• Seizure of material evidence and documentary
  evidence
• Expert evaluation
• Wanted orders

69
Interrogation of Criminal Suspects

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

70
Inquest and Examination

• Can check by force
• The public office has the right to determine to
  dissect the corpse with unidentified cause of the
  death.
• Examination experiment

71
The Coroner Reconnoitres the bag live
72
Examination Experiment

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

73
Search

• In emergency condition do not use the document
  of search
• The police show the document of search to the
  suspect

74
Seizure of Material Evidence and Documentary
Evidence

• Article , file related to case
• Detain the mail , telegram
• Inquire and freeze the deposit and remittance

75
Expert evaluation

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

76
Nanjing coroner evaluation center
77
Wanted Orders

• The only releasing organthe police office
• Order for arrest of the Police Ministry Put
  380,000 yuan on someone's head and order to
  arrest five major drug-pedlars publicly
• http//news.sina.com.cn/c/2004-11-24/11114332992s.
  shtml

78
Termination of investigation
The police office
Transfer to trial
The crime fact has already been investigated
The evidence is really abundant The legal
procedure is complete
Cancel the case
prosecute
The peoples procuratorates
Not prosecute
79
Supplemental Investigation

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

80
Prosecution

• Public prosecution --People's procuratorate
• Private prosecution --Injured party or his legal
  representative

81
To Examine File for Prosecution

• Subject People's procuratorate
• Content Crime fact, the evidence, crime nature
  and charge Leak the crime , omit suspects
  Criminal responsibility Supplementary civil
  action in criminal proceedings Legitimacy of
  investigation.
• Time limit Making the decision within one
  month, great , complicated case , can lengthen
  two weeks .

82
To Transfer Case to Court

• The fact knowing
• The evidence is certain , abundant
• Should investigate criminal responsibility

83
Non-prosecution

• Legal effect ( prosecutes stage ) of the lawsuit
  that end
• Do not prosecute legally
• Consider and does not prosecute
• Leave a question open and does not prosecute

84
Trial

• Trial on Public Prosecution
• Trial on Private Prosecution
• Streamlined Prosecution

85
Trial on Public Prosecution
Confirm , the collegiate bench Opening a court
session 10 days ago, sent, defendant Opening a
court session 10 days ago, sent, defendant 3
days before opening a court session, time ,
place of opening a court session, people's
procuratorate
Open a court session and prepare
open a court session
Court trial
key link
court investigation
debate
One month after accepting It is the one and a
half months longest
the defendant states finally
must pass
Appraise through discussion and pronounce
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Court's trial record

• Case about MaJiajue
• http//news.sina.com.cn/c/2004-11-24/11114332992s.
  shtml
• Case about LiuXiaoqing
• http//ent.sina.com.cn/s/m/2003-12-13/1331252743.h
  tml

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Trial on Private Prosecution

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

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Streamlined Prosecution

• Characteristic Simple and easy
• Trial time limit Conclude in 20 days after
  accepting
• Can turn into the ordinary procedure of the trial

89
the Case of Private Prosecution is Compared with
the Range of the Streamlined Procedure
Case of private prosecution Streamlined Procedure
Charge the case that is just dealt with Charge the case that is just dealt with
The injured party has slight criminal case that the evidence proves The injured party has slight criminal case that the evidence proves
The injured party has evidences to prove that should investigate criminal responsibility to the behavior that the defendant infringes one's own rights of the person , property right in accordance with the law, and the case of defendant's criminal responsibility that public security organ or the people's procuratorate let the matter pass. Fixed-term imprisonment , detention to sentencing for three years in accordance with the law , controlling , punishing the gold case of public charge only, the fact is known . The evidence is abundant, the people's procuratorate proposes or agrees to be applicable to the summary procedure.
The injured party has evidences to prove that should investigate criminal responsibility to the behavior that the defendant infringes one's own rights of the person , property right in accordance with the law, and the case of defendant's criminal responsibility that public security organ or the people's procuratorate let the matter pass. Not suitable Defendant of case of public charge deny for crime fact accused to prosecute More complicated common crime case The defendant is blind , deaf , mute people's The defender pleaded innocently Other situations not suitable .
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Appeal

• Appeal party beyond the injured party and his
  legal representative
• Protest people's procuratorates at all levels
• Judgment10days
• Ruling5days
• Principle Examine the principle in an all-round
  way No additional punishment imposed upon the
  convicted
• Try time limit In one month, do not exceed 1
  and a half month ?

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The Protesting of The Procuratorate
People's procuratorate of higher level
People's court of higher level
the people's procuratorates at all levels think
this grade of people's court Judgement or
adjudication of the trial really have a mistake
This grade of people's court
92
Appeal \Protest Case Treatment after Trail
change the original judgment in accordance
with the law
assert the fact is correct
assert the fact is correct
violate the legal contentious procedure
keep original judgment
apply law is correct
apply law is wrong or the measurement of
penalty is correct
Withdraw the original judgment Send back and
rehear
the measurement of penalty is correct
93
Death Penalty Review

• Applydeath penalty is execution immediately and
  execution suspended sentence of death penalty
  two-year
• Each capital case must pass the procedure
• The judge three people make up the collegiate
  bench

94
Reviewing Authority of The Supreme People's Court

Death penalty
intermediate people's court capital case of trail
The Supreme People's Court
The Supreme People's Court trail and
appeal capital case
95
Reviewing Authority of Higher People's Court
Case sentenced to death because of killing ,
rape , robing , explode and other and
endangering public security and social security
seriously
Intermediate people's court execution suspended
sentence of death penalty two-year
Higher People's Court
Get the province and autonomous region of
mandate, directly under the jurisdiction of the
municipal higher people's court and PLA man's
military court
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Supervision Proceeding
Subject Party Legal representative Close relative court People's procuratorate
The way of initiation appeal President Judgement of our institute the committee of trail ????? ???? ??
The way of initiation appeal Supreme Court the most People's court of higher level Subordinate people's court Bring before the court The order reviewing Procuratorate of higher level Subordinate people's court Protest
97
LiuYong's case reviews the court's trial record

• http//news.sina.com.cn/c/2003-12-22/13582438751.s
  html

98
Execution
death penalty is carried out immediately
Fixed-term imprisonment
? ?
Life imprisonment
court
fine
Expropriation
execution suspended sentence of death penalty
two-year
Police office
Control, detention , depriving of political
rights
99
Death penalty is executed (execute by shooting)
100
Executeing The Sentence out of Prison
Temporarily

• The criminal of sentencing to fixed-term
  imprisonment or detention had serious disease
  that needs to be released on bail for medical
  treatment
• Pregnant
• Nursing one's own baby's women
• The public security organ in the residence
  carries out

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