Meeting Minutes on Issues concerning the Acceptance and Jurisdiction of Criminal Cases

 2018-06-19  58


· Document Number:No. 190 [2013] of the Higher People’s Court of Beijing Municipality

· Area of Law: State Organs Criminal Litigation

· Level of Authority: Local Judicial Documents

· Date issued:06-09-2013

· Effective Date:06-09-2013

· Status: Effective

· Issuing Authority: Higher People's Court of Beijing Municipality People's Procuratorate of Beijing Municipality

 

Notice of the Higher People's Court of Beijing Municipality and the People's Procuratorate of Beijing Municipality on Issuing the Meeting Minutes on Issues concerning the Acceptance and Jurisdiction of Criminal Cases
(No. 190 [2013] of the Higher People's Court of Beijing Municipality, June 9, 2013)
All intermediate people's courts of Beijing Municipality and Beijing Intermediate Railway Transport Court; the people's courts of all districts and counties, and all grassroots railway transport courts; all branches of the People's Procuratorate of Beijing Municipality, the people's procuratorates of all districts and counties, all grassroots railway transport procuratorates, Qinghe Procuratorate, and Tuanhe Procuratorate:
On March 13, 2012, the Higher People's Court of Beijing Municipality and the People's Procuratorate of Beijing Municipality jointly held a symposium, at which issues concerning the acceptance and jurisdiction of criminal cases were under communication, exchange, and in-depth exploration. On January 24, 2013, both parities held a meeting again and reached a consensus on the relevant issues. The meeting minutes are hereby issued to you for your conscientious study, compliance and implementation in light of respective work realities.
Meeting Minutes of the Higher People's Court of Beijing Municipality and the People's Procuratorate of Beijing Municipality on Issues concerning the Acceptance and Jurisdiction of Criminal Cases
In order to effectively institute public prosecutions against criminal cases and accept cases for investigation, improve work efficiency, and save litigation resources, on March 13, 2012, the Higher People's Court of Beijing Municipality and the People's Procuratorate of Beijing Municipality jointly held a symposium, at which they communicated and conscientiously studied issues concerning the acceptance and jurisdiction of criminal cases. The leaders in charge of the Higher People's Court of Beijing Municipality and the People's Procuratorate of Beijing Municipality; and the relevant leaders of the Case Acceptance Tribunal, No. 1 Criminal Tribunal, and No. 2 Criminal Tribunal of the Higher People's Court of Beijing Municipality, the Public Prosecution Division II of the People's Procuratorate of Beijing Municipality, the Case Acceptance Tribunal of the No. 1 Intermediate People's Court of Beijing Municipality, the Case Acceptance Tribunal of the No. 2 Intermediate People's Court of Beijing Municipality, the Public Prosecution Division I and Division II of the No. 1 Branch of the People's Procuratorate of Beijing Municipality as well as the Public Prosecution Division I and Division II of the No. 2 Branch of the People's Procuratorate of Beijing Municipality were all present at the meeting. On January 24, 2013, the Higher People's Court of Beijing Municipality and the People's Procuratorate of Beijing Municipality held a symposium again, conducted in-depth deliberation on issues concerning the acceptance and jurisdiction of criminal cases, and reached a consensus on the relevant issues. The meeting minutes are as follows:
I. A court shall accept cases and a procuratorates shall transfer cases during working hours and persons shall be designated to take charge of the work. In case of any special circumstance, the court and procuratorate may communicate and coordinate in advance. If required, the court may, upon consultation with the procuratorate, determine the relatively fixed time for transferring a case.
II. When transferring a case to a court, a procuratorate shall, according to the requirements of the Criminal Procedure Law and the relevant judicial interpretations, transfer the bill of indictment, case files and evidence, and indicate on the acknowledgement of service the said materials as well as the name and contact information of the person that handles the case. The proof of evidence shall be in duplicate and shall be affixed with the signatures of the transferring person of the procuratorate and the accepting person of the court. The court and the procuratorate shall each hold one copy to archive for further reference.
III. When transferring a case, a procuratorate shall enter case prosecution information to the case information system in a timely manner and transfer the case to the court through the information system; where the court finds upon examination that the case information in the information system is incomplete or there is any major error, the court shall timely communicate with the procuratorate and require supplements or correction.
IV. For a defendant at bail, a procuratorate shall provide the contact information of the defendant or the surety. When failing to contact the defendant or the surety, the court may require the procuratorate to assist in finding the defendant or the surety. Where the defendant is actually not involved in the case, the court shall return the case to the procuratorate.
V. A procuratorate shall institute a public prosecution with the court of jurisdiction in accordance with the Criminal Procedure Law and the relevant provisions on trial jurisdiction.
VI. For a case over which a court of Beijing Municipality has jurisdiction, and jurisdiction needs to be designated, the People's Procuratorate of Beijing Municipality shall, before designating jurisdiction, consult the Case Acceptance Tribunal and Criminal Trial Tribunal of the Higher People's Court of Beijing Municipality in writing, and the basic case information and reasons for designation of jurisdiction shall be indicated in the Consultation Letter. The Higher People's Court of Beijing Municipality shall, within seven days upon receipt of the Consultation Letter, give a reply on whether it consents to the designation of jurisdiction. After the Higher People's Court of Beijing Municipality replies in correspondence with its consent to the designation of jurisdiction, the People's Procuratorate of Beijing Municipality shall issue the letter of designation of jurisdiction to the designated procuratorate. The Higher People's Court of Beijing Municipality shall send the hard copies of the relevant correspondence to the relevant court for recordation. After a case for prosecution is appealed to an appellant court, the appellant court shall request the Higher People's Court of Beijing Municipality to designate jurisdiction.
VII. For a case over which a court of Beijing Municipality does not have jurisdiction, but, after a procuratorate institutes a public prosecution, the court holds upon examination that it does not have jurisdiction and jurisdiction is not designated, the case shall be returned to the procuratorate within the statutory time limit for examination, and reasons shall be specified in writing. The procuratorate and the court shall separately request the procuratorate and the court at the next higher level to discuss.
VIII. Where a court receives a case against which a procuratorate institutes a public prosecution, the court shall, in accordance with laws and judicial interpretations, examine the case within the statutory time limit. If the court holds that the procuratorate needs to supplement materials, the procuratorate shall supplement materials within three days; where upon examination a court satisfies the conditions for accepting a case, the court shall accept the case in accordance with law; where a case needs to be returned to the procuratorate, the court shall state the reasons in writing.
IX. Where a grassroots procuratorate holds upon examination that a defendant is likely to be sentenced to life imprisonment or a heavier punishment, the grassroots procuratorate shall transfer the case to a procuratorate at the next higher level and the procuratorate at the next higher level shall institute a public prosecution to an intermediate court.
X. Where the No. 1 and No. 2 Branches of the People's Procuratorate of Beijing Municipality hold upon examination that a defendant is unlikely to be sentenced to life imprisonment or a heavier punishment, the No. 1 and No. 2 Branches of the People's Procuratorate of Beijing Municipality shall transfer the case to a grassroots procuratorate and the grassroots procuratorate shall institute a public prosecution to a grassroots court with jurisdiction.
XI. Where, during the stage of prosecution for examination, the procuratorate finds that the court with jurisdiction needs to withdraw itself and it is improper for the court with jurisdiction to exercise jurisdiction, the procuratorate shall request the People's Procuratorate of Beijing Municipality to designate jurisdiction by consultation with the Higher People's Court of Beijing Municipality and the procuratorate may not directly institute a public prosecution to the court that should withdraw itself.
XII. Where a court with jurisdiction needs to withdraw itself and it is improper for the court with jurisdiction to exercise jurisdiction, the court with jurisdiction shall report to the Higher People's Court of Beijing Municipality and after consultation with the People's Procuratorate of Beijing Municipality, the Higher People's Court of Beijing Municipality shall designate another court to exercise jurisdiction. After receiving the written decision on designated jurisdiction made by the Higher People's Court of Beijing Municipality, the original appellant court shall notify the procuratorate that instituted the public prosecution in writing and return the case file. Upon receipt of the case file, the procuratorate that instituted the public prosecution shall transfer the case file to the procuratorate corresponding to the designated court with jurisdiction in a timely manner.