刑事诉讼法英文版

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1、当前位置： 中华人民共和国刑事诉讼法（英文版）(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.6 of the Chairman of the Standing Committee of the National People's Congress on July 7, 1979 and effective as of January 1, 1980; amended中国人大网 日期： 2011-08-2

2、3浏览字号：大 中 小打印本页 关闭窗口(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.6 of the Chairman of the Standing Committee of the National People's Congress on July 7, 1979 and effective as of January 1, 1980; amended in according with the

3、 Decision on Revising the Criminal Procedure Law of the People's Republic of China adopted at the Forth Session of the Eighth National People's Congress on March 17, 1996) ContentsPart One General ProvisionsChapter I Aim and Basic PrinciplesChapter II JurisdictionChapter III WithdrawalC

4、hapter IV Defence and RepresentationChapter V EvidenceChapter VI Compulsory MeasuresChapter VII Incidental Civil ActionsChapter VIII Time Periods and ServiceChapter IX Other ProvisionsPart Two Filing a Case, Investigation, and Initiation of Public ProsecutionChapter I Filing a CaseChapter II Investi

5、gationSection 1 General ProvisionsSection 2 Interrogation of the Criminal SuspectSection 3 Questioning of the WitnessesSection 4 Inquest and ExaminationSection 5 SearchSection 6 Seizure of Material Evidence and Documentary EvidenceSection 7 Expert EvaluationSection 8 Wanted OrdersSection 9 Conclusio

6、n of InvestigationSection 10 Investigation of Cases Directly Accepted by the People's ProcuratoratesChapter III Initiation of Public ProsecutionPart Three TrialChapter I Trial OrganizationsChapter II Procedure of First InstanceSection 1 Cases of Public ProsecutionSection 2 Cases of Private Prose

7、cutionSection 3 Summary ProcedureChapter III Procedure of Second InstanceChapter IV Procedure for Review of Death SentencesChapter V Procedure for Trial SupervisionPart Four ExecutionSupplementary ProvisionsPart OneGeneral ProvisionsChapter IAim and Basic PrinciplesArticle 1 This Law is enacted in a

8、ccordance with the Constitution and for the purpose of ensuring correct enforcement of theCriminal Law, punishing crimes, protecting the people, safeguarding State and public security and maintaining socialistpublic order.Article 2 The aim of the Criminal Procedure Law of the People's Republic o

9、f China is: to ensure accurate and timelyascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocentagainst being investigated for criminal responsibility; to enhance the citizens' awareness of the need to abide by law andto fight vigor

10、ously 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 ofsocialist development.Article 3 The public security organs shall be re

11、sponsible for investigation, detention, execution of arrests and preliminaryinquiry in criminal cases. The People's Procuratorates shall be responsible for procuratorial work, authorizing approval ofarrests, conducting investigation and initiating public prosecution of cases directly accepted by

12、 the procuratorial organs.The People's Courts shall be responsible for adjudication. Except as otherwise provided by law, no other organs,organizations or individuals shall have the authority to exercise such powers.In conducting criminal proceedings, the People's Courts, the People's Pr

13、ocuratorates and the public security organs muststrictly observe this Law and any relevant stipulations of other laws.Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security,performing the same functions and powers as the public security org

14、ans.Article 5 The People's Courts shall exercise judicial power independently in accordance with law and the People'sProcuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free frominterference by any administrative organ, public organizatio

15、n or individual.Article 6 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public securityorgans must rely on the masses, base themselves on facts and take law as the criterion. The law applies equally to allcitizens and no privilege whatsoever is

16、permissible before law.Article 7 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public securityorgans shall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effectiveenforcement of law.Article 8 The

17、 People's Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings.Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in courtproceedings. The People's Courts, the People's Procuratorates

18、 and the public security organs shall provide translations forany party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.Where people of a minority nationality live in a concentrated community or where a number of nationalities live toget

19、her inone area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices andother documents shall be issued in the written language commonly used in the locality.Article 10 In trying cases, the People's Courts shall apply the system whereby t

20、he second instance is final.Article 11 Cases in the People's Courts shall be heard in public, unless otherwise provided by this Law. A defendant shallhave the right to defence, and the People's Courts shall have the duty to guarantee his defence.Article 12 No person shall be found guilty wit

21、hout being judged as such by a People's Court according to law.Article 13 In trying cases, the People's Courts shall apply the system of people's assessors taking part in trials inaccordance with this Law.Article 14 The People's Courts, the People's Procuratorates and the public

22、security organs shall safeguard the proceduralrights to which participants in proceedings are entitled according to law.In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of thedefendant may be notified to be present at the time of interroga

23、tion and trial.Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose actsinfringe on their citizen's procedural rights or subject their persons to indignities.Article 15 In any of the following circumstances, no criminal responsibili

24、ty shall be investigated; if investigation hasalready been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall beterminated, or innocence shall be declared:(1) if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime

25、;(2) if the limitation period for criminal prosecution has expired;(3) if an exemption of criminal punishment has been granted in a special amnesty decree;(4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or thecomplaint has been wit

26、hdrawn;(5) if the criminal suspect or defendant is deceased; or(6) if other laws provide an exemption from investigation of criminal responsibility.Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should beinvestigated.If foreigners with

27、 diplomatic privileges and immunities commit crimes for which criminal responsibility should beinvestigated, those cases shall be resolved through diplomatic channels.Article 17 In accordance with the international treaties which the People's Republic of China has concluded or acceded to oron th

28、e principle of reciprocity, the judicial organs of China and that of other countries may request judicial assistancefrom each other in criminal affairs.Chapter IIJurisdictionArticle 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided byla

29、w.Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involvingviolations of a citizen's personal rights such as illegal detention, extortion of confessions by torture, retaliation,frame-up and illegal search and crimes involving infring

30、ement of a citizen's democratic rights - committed by Statefunctionaries by taking advantage of their functions and powers - shall be placed on file for investigation by the People'sProcuratorates. If cases involving other grave crimes committed by State functionaries by taking advantage of

31、their functionsand powers need be handled directly by the People's Procuratorates, they may be placed on file for investigation by thePeople's Procuratorates upon decision by the People's Procuratorates at or above the provincial level.Cases of private prosecution shall be handled direct

32、ly by the People's Courts.Article 19 The Primary People's Courts shall have jurisdiction as courts of first instance over ordinary criminal cases;however, those cases which fall under the jurisdiction of the People's Courts at higher levels as stipulated by this Lawshall be exceptions.Ar

33、ticle 20 The Intermediate People's Courts shall have jurisdiction as courts of first instance over the following criminalcases:(1) counterrevolutionary cases and cases endangering State security;(2) ordinary criminal cases punishable by life imprisonment or the death penalty; and(3) criminal cas

34、es in which the offenders are foreigners.Article 21 The Higher People's Courts shall have jurisdiction as courts of first instance over major criminal cases thatpertain to an entire province (or autonomous region, or municipality directly under the Central Government).Article 22 The Supreme Peop

35、le's Court shall have jurisdiction as the court of first instance over major criminal cases thatpertain to the whole nation.Article 23 When necessary, People's Courts at higher levels may try criminal cases over which People's Courts at lowerlevels have jurisdiction as courts of first in

36、stance; If a People's Court at a lower level considers the circumstances of acriminal case in the first instance to be major or complex and to necessitate a trial by a People's Court at a higher level,it may request that the case be transferred to the People's Court at the next higher le

37、vel for trial.Article 24 A criminal case shall be under the jurisdiction of the People's Court in the place where the crime was committed.If it is more appropriate for the case to be tried by the People's Court in the place where the defendant resides, thenthat court may have jurisdiction ov

38、er the case.Article 25 When two or more People's Courts at the same level have jurisdiction over a case, it shall be tried by thePeople's Court that first accepted it. When necessary the case may be transferred for trial to the People's Court in theprincipal place where the crime was com

39、mitted.Article 26 A People's Court at a higher level may instruct a People's Court at a lower level to try a case over whichjurisdiction is unclear and may also instruct a People's Court at a lower level to transfer the case to another People'sCourt for trial.Article 27 The jurisdict

40、ion over cases in special People's Courts shall be stipulated separately.Chapter IIIWithdrawalArticle 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shallvoluntarily withdraw, and the parties to the case and their legal representatives s

41、hall have the right to demand hiswithdrawal:(1) if he is a party or a near relative of a party to the case;(2) if he or a near relative of his has an interest in the case;(3) if he has served as a witness, expert witness, defender or agent ad litem in the current case ; or(4) if he has any other rel

42、ations with a party to the case that could affect the impartial handling of the case.Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to acase or the persons entrusted by the parties and shall not in violation of regulations meet wit

43、h the parties to a case orthe persons entrusted by the parties.Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legalresponsibility. The parties to the case and their legal representatives shall have the right to request him to wi

44、thdraw.Article 30 The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of thecourt, the chief procurator, and the head of a public security organ; the withdrawal of the president of the court shall bedetermined by the court's judicial committee

45、; and the withdrawal of the chief procurator or the head of a public securityorgan shall be determined by the procuratorial committee of the People's Procuratorate at the corresponding level.An investigator may not suspend investigation of a case before a decision is made on his withdrawal.If a

46、decision has been made to reject his application for withdrawal, the party or his legal representative may apply forreconsideration once.Article 31 The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expertwitnesses.Chapter IVDefence and Representa

47、tionArticle 32 In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or twopersons as his defenders. The following persons may be entrusted as defenders:(1) lawyers;(2) persons recommended by a public organization or the unit to which the criminal s

48、uspect or the defendant belongs; and(3) guardians or relatives and friends of the criminal suspect or the defendant.Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall notserve as defenders.Article 33 A criminal suspect in a case of

49、 public prosecution shall have the right to entrust persons as his defenders fromthe date on which the case is transferred for examination before prosecution. A defendant in a case of private prosecutionshall have the right to entrust persons as his defenders at any time.A People's Procuratorate

50、 shall, within three days from the date of receiving the file record of a case transferred forexamination before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders. APeople's Court shall, within three days from the date of accepting a case of priva

51、te prosecution, inform the defendant thathe has the right to entrust persons as his defenders.Article 34 If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone tobe his defender due to financial difficulties or other reasons, the People's C

52、ourt may designate a lawyer that is obligatedto provide legal aid to serve as a defender.If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, thePeople's Court shall designate a lawyer that is obligated to provide legal aid to serve

53、as a defender.If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be hisdefender, the People's Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.Article 35 The responsibility of a defender shal

54、l be to present, according to the facts and law, materials and opinionsproving the innocence of the criminal suspect or defendant, the pettiness of his crime and the need for a mitigatedpunishment or exemption from criminal responsibility, thus safeguarding the lawful rights and interests of the cri

55、minalsuspect or the defendant.Article 36 Defence lawyers may, from the date on which the People's Procuratorate begins to examine a case for prosecution,consult, extract and duplicate the judicial documents pertaining to the current case and the technical verification material,and may meet and c

56、orrespond with the criminal suspect in custody. Other defenders, with permission of the People'sProcuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminalsuspect in custody.Defence lawyers may, from the date on which the People'

57、s Court accepts a case, consult, extract and duplicate the materialof the facts of the crime accused in the current case, and may meet and correspond with the defendant in custody. Otherdefenders, with permission of the People's Court, may also consult, extract and duplicate the above-mentioned

58、material, andmay meet and correspond with the defendant in custody.Article 37 Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collectinformation pertaining to the current case from them and they may also apply to the People's Procuratorate or theP

59、eople's Court for the collection and obtaining of evidence, or request the People's Court to inform the witnesses to appearin court and give testimony.With permission of the People's Procuratorate or the People's Court and with the consent of the victim, his near relatives orthe witn

60、esses provided by the victim, defence lawyers may collect information pertaining to the current case from them.Article 38 Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy orfalsify evidence or to tally their confessions, and shall not intimid

61、ate or induce the witnesses to modify their testimony orgive false testimony or conduct other acts to interfere with the proceedings of the judicial organs.Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.Article 39 During a t

62、rial, the defendant may refuse to have his defender continue to defend him and may entrust his defenceto another defender.Article 40 A victim in a case of public prosecution, his legal representatives or near relatives, and a party in anincidental civil action and his legal representatives shall, fr

63、om the date on which the case is transferred for examinationbefore prosecution, have the right to entrust agents ad litem. A private prosecutor in a case of private prosecution and hislegal representatives, and a party in an incidental civil action and his legal representatives shall have the right

64、toentrust agents ad litem at any time.The People's Procuratorate shall, within three days from the date of receiving the file record of a case transferred forexamination before prosecution, notify the victim and his legal representatives or near relatives and the party in anincidental civil acti

65、on and his legal representatives that they have the right to entrust agents ad litem. The People's Courtshall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and hislegal representatives and the party in an incidental civil action and hi

66、s legal representatives that they have the right toentrust agents ad litem.Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatismutandis.Chapter VEvidenceArticle 42 All facts that prove the true circumstances of a case shall be evidence.There shall be the follow