Interpretations of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China

Fa Shi [2012] No. 21

December 20, 2012

The Interpretations of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, which were adopted at the 1559th meeting of the Judicial Committee of the Supreme People's Court on November 5, 2012, are hereby promulgated and shall come into effect on January 1, 2013.

Interpretations of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China

(Adopted at the 1559th meeting of the judicial committee of the Supreme People's Court on November 5, 2012)

Contents
Chapter I Jurisdiction
Chapter II Withdrawal
Chapter III Defence and Representation
Chapter IV Evidence
Section 1 General Provisions
Section 2 Examination and Confirmation of Physical Evidence and Documentary Evidence
Section 3 Examination and Confirmation of Testimony of Witness and Statement of Victim
Section 4 Examination and Confirmation of Statements and Exculpations of the Defendant
Section 5 Examination and Confirmation of Forensic Appraisal Opinions
Section 6 Examination and Confirmation of Records of Inquests, Examination, Identification and Investigative Experiments
Section 7 Examination and Confirmation of Audio-visual Materials and Electronic Data
Section 8 Exclusion of Illegal Evidence
Section 9 Comprehensive Examination and Application of Evidence
Chapter V Compulsory Measures
Chapter VI Incidental Civil Actions
Chapter VII Time Periods, Service and Time Limits of Trials
Chapter VIII Trial Organizations
Chapter IX Procedure of First Instance of Cases of Public Prosecution
Section 1 Review and Acceptance and Pre-trial Preparation
Section 2 Announcement of Court in Session and Court Investigation
Section 3 Debate in Court and Final Statement
Section 4 Deliberation of Case and Announcement of Judgment
Section 5 Court Disciplines and Other Provisions
Chapter X Procedure of First Instance of Cases of Private Prosecution
Chapter XI Trial of Unit Crime Cases
Chapter XII Summary Procedure
Chapter XIII Procedure of Second Instance
Chapter XIV Approval of Special Parole and Sentence to Punishments Less Than the Prescribed Punishments
Chapter XV Procedure for Review of Death Penalty
Chapter XVI Sealed, Seized and Frozen Effects and Their Disposal
Chapter XVII Trial Supervision Procedure
Chapter XVIII Trial and Judicial Assistance of Foreign-related Criminal Cases
Chapter XIX Procedure for Execution
Section 1 Execution of Death Penalty
Section 2 Execution of Death Penalty with A Suspension of Execution; Execution of Life Imprisonment, Fixed-term Imprisonment and Criminal Detention
Section 3 Execution of Public Surveillance, Probation and Deprivation of Political Right
Section 4 Execution of Punishments Against Property and Supplementary Civil Action Judgment
Section 5 Trial of Cases of Commutation of Sentence and Parole
Section 6 Cancellation of Probation and Parole
Chapter XX Litigation Procedure for Juvenile Criminal Cases
Section 1 General Provisions
Section 2 Court Preparation
Section 3 Trial
Section 4 Execution
Chapter XXI Litigation Procedure for Cases of Public Prosecution That Are Settled by the Parties
Chapter XXII Procedure for Confiscation of Illegal Gains in Cases Where the Suspects or Defendants Escape or Are Dead
Chapter XXIII Procedure for Compulsory Medical Treatment for Mental Patients That Are Legally Exempted From Criminal Liabilities
Chapter XXIV Supplementary Provisions

On March 14, 2012, the 5th Session of the 11th National People's Congress adopted the Decision on Amending the Criminal Procedure Law of the People's Republic of China. These Interpretations are formulated for the purpose of correctly understanding and applying the amended criminal procedure law and in combination with the actual trial practice of the people's courts.

Chapter I Jurisdiction

Article 1 The cases of private prosecution directly accepted by the people's courts include:
1. Cases to be handled only upon complaint;
(1) Case of insult or defamation (as provided in Article 246 of the Criminal Law, except for severely jeopardizing the national interests and social order);
(2) Case of interference of others' freedom of marriage by violence (as provided in Paragraph 1 of Article 257 of the Criminal Law);
(3) Mistreatment case (as provided in Paragraph 1 of Article 260 of the Criminal Law); and
(4) Embezzlement case (as provided in Article 270 of the Criminal Law).
2. Other minor criminal cases which the procuratorate has initiated no public prosecution but the victim has the evidence to prove so;
(1) Case of intentional injury (as provided in Paragraph 1 of Article 234 of the Criminal Law);
(2) Case of illegal trespass to residence (as provided in Article 245 of the Criminal Law);
(3) Case of infringement upon communication freedom (as provided in Article 252 of the Criminal Law);
(4) Bigamy case (as provided in Article 258 of the Criminal Law);
(5) Abandonment case (as provided in Article 261 of the Criminal Law);
(6) Case of production and sale of fake and substandard commodities (as provided in Section 1 of Chapter 3 of the Specific Provisions of the Criminal Law, except for those severely jeopardizing social order and national interests);
(7) Case of infringement upon intellectual property rights (as provided in Section 7 of Chapter 3 of the Specific Provisions of the Criminal Law, except for those severely jeopardizing social order and national interests); and
(8) Cases as provided in Chapter 4 and Chapter 5 of the Specific Provisions of the Criminal Law, which the defendant may be given a punishment not severe than an imprisonment of three years.
For cases mentioned above in Item (8), where the victim directly brings a lawsuit to the people's court, the people's court shall accept the same according to the laws. For those cases without solid evidence, they may be accepted by the public security organ, and for those cases as may be deemed by the people's court that the defendant may be given a criminal punishment of an imprisonment of three years or more severe, the people's court may notify the victim to report the case to the public security organ, or may transfer the case to the public security organ to place on file and investigate.
3. Cases which the victim has the evidence to prove that the defendant has committed activities infringing upon his personal and property rights, which shall be legally investigated for criminal liabilities, and has the evidence to prove that he has made an accusation but the public security organ or the procuratorate has determined to not to investigate the defendant for criminal liability.

Article 2 The crime place includes the place of occurrence of crime and the place of crime consequence.
For crimes targeted at or taken advantage of internet network, the crime place shall include the locations of the server and the builder and the administrator of the website which is used for committing crime, the locations of the invaded computer information system and its administrator, the locations of the defendant and his computer information system, and the place where the property of the victim suffers loss.

Article 3 The registered residence of the defendant shall be his residence. In case of any inconsistency between the registered residence and the habitual residence, the habitual residence shall be the residence of the defendant. The habitual residence shall be the place where the defendant has lived for a year or more on a continuous basis before being prosecuted, except for hospitalization.
The registered domicile of the defendant unit shall be its residence. In case of any inconsistency between the principal place of business or the place of main administrative office, the principal place of business or the place of main administrative office shall be its residence.

Article 4 For crimes committed on the Chinese ships outside the territory of the People's Republic of China, the people's court at the Chinese port where the ship concerned first anchors shall have the jurisdiction for such crimes.

Article 5 For crimes committed within Chinese aircraft outside the territory of the People's Republic of China, the people's court at the place in China where the aircraft concerned first lands shall have the jurisdiction for such crimes.

Article 6 For crimes committed on international trains, the jurisdiction thereof shall be determined in accordance with the agreement concluded by China and relevant country; in case of no agreement, the people's court at the place of the Chinese station where the train concerned first pulls off or at the place of destination of the train within China shall have the jurisdiction for such crimes.

Article 7 For any crime committed by Chinese citizen within the Chinese overseas embassies or consulates, the people's court at the place of the competent organization or at the place of original registered residence of such citizen shall have the jurisdiction for such crime.

Article 8 For any crime committed by Chinese citizen outside the territory of the People's Republic of China, the people's court at the place of his entry into China or residence before departure shall have the jurisdiction for such crime; if the victim is also a Chinese citizen, the people's court at the place of residence of the victim before departure shall also have the jurisdiction for such crime.

Article 9 Where any foreigner commits any crime against the People's Republic of China or any of its citizens outside the territory of the People's Republic of China, whom shall be punished in accordance with the Criminal Law of the People's Republic of China, the people's court at the place of the entry into China or the residence after entry of such foreigner or the residence of such citizen before departure shall have the jurisdiction for such crime.

Article 10 For any crime provided in the international conventions concluded or acceded to by the People's Republic of China, where the People's Republic of China exercises its criminal jurisdiction within the scope of its obligations, the people's court at the place where the defendant is caught shall have the jurisdiction for such crime.

Article 11 Where the criminal serving sentence has committed any other crime without trial before announcement of judgment, the original people's court shall have the jurisdiction for such crime; if it is more appropriate for the people's court at the crime place or the place where the criminal serves his sentence, then such people's court shall also have the jurisdiction for such crime.
Where the criminal commits new crime during his serving of sentence, the people's court where the criminal serves his sentence shall have the jurisdiction for such crime.
Where the criminal commits any crime during his escape, the people's court where the criminal serves his sentence shall have the jurisdiction for such crime. However, where the criminal is caught at the crime place and found to have committed any crime during escape, the people's court at the crime place shall have jurisdiction for such crime.

Article 12 For cases which, in the opinions of the people's procuratorate, the criminals may be sentenced to life imprisonment or death penalty, and which the people's procuratorate has brought public prosecution before the intermediate people's court, where the intermediate people's court considers that there is no possibility for the criminal to be sentenced to life imprisonment or death penalty after its acceptance, the intermediate people's court shall legally hear the case without transferring the same to the basic people's court for trial.

Article 13 For case with several crimes committed by one person, of joint crime, or under any other circumstance which requires consolidation of trial, where any person or any crime shall be tried by the people's court at superior level according to the Criminal Law of the People's Republic of China, the people's court at superior level shall have jurisdiction for the whole case.

Article 14 Where the people's court at superior level decides to hear any criminal case of first instance under jurisdiction of the people's court at inferior level, the people's court at superior level shall issue written decision on change of jurisdiction to the people's court at inferior level, and notify the people's procuratorate at the same level in writing.

Article 15 The basic people's court shall transfer the criminal case of first instance which the criminal may be sentenced to life imprisonment or death penalty to the intermediate people's court for trial.
The basic people's court may request to transfer the following criminal cases of first instance to the intermediate people's court for trial:
1. Significant and complex cases;
2. Difficult cases of new type; and
3. Cases with general guiding significance in terms of application of law.
Where any case is required to be transferred to the intermediate people's court for trial, the written application for transfer shall be made upon reporting to the president of the court for approval and no later than 15 days prior to the expiry of term of trial of case. The intermediate people's court shall make decision within 10 days upon receipt of such application. In case of disapproval of transfer, the intermediate people's court shall issue the decision on disapproval of transfer, and the people's court demanding for transfer shall hear the case according to the laws; in case of approval of transfer, the intermediate people's court shall issue written decision on approval of transfer, and notify the people's procuratorate at the same level in writing.

Article 16 Where the competent people's court is inappropriate to exercise the jurisdiction due to such reasons as that a withdrawal is required due to the president of the people's court gets involved in the case, the competent people's court may demand to transfer the case to the people's court at superior level for trial. The people's court at superior level may hear the case or designate other people's court at the same level with the demanding people's court for trial.

Article 17 For cases where two or more people's courts at the same level have jurisdiction, the people's court that first accepts the case shall hear the case. And the case may be transferred to the people's court at the place of the major crime committed by the defendant for trial whenever necessary.
In case of any dispute over jurisdiction, such dispute shall be negotiated to be solved during the trial; in case of failure to do so, the disputing people's courts shall respectively report to the joint people's court at superior level for designated jurisdiction level by level.

Article 18 The people's court at superior level may, whenever necessary, designate the people's court at inferior level to transfer the case under the jurisdiction of such people's court at inferior level to other people's court at inferior level for trial.

Article 19 In case of designated jurisdiction by the people's court at superior level, the people's court at superior level shall respectively serve the written decision on designated jurisdiction to the people's court designated for jurisdiction and other relevant people's courts.

Article 20 After the original accepting people's court receives the written decision on change of jurisdiction, the written decision of approval of transfer or the written decision of designated jurisdiction to other people's court from the people's court at superior level, in case of cases of public prosecution, the original accepting people's court shall notify the people's procuratorate at the same level in writing, return the case file and notify the parties to the case in writing; and in case of cases of private prosecution, the original accepting people's court shall transfer the case file to the people's court of designated jurisdiction, and notify the parties to the case in writing.

Article 21 For cases remanded for retrial by the people's court of second instance, where the people's procuratorate re-brings the public prosecution before the people's court at the level lower than the original people's court of first instance after withdrawal of the prosecution, the people's court at the inferior level shall report the relevant situation to the original people's court of second instance level by level. The original people's court of second instance may, on basis of the specific situation, decide to transfer the case to the original people's court of first instance or other people's court for trial.

Article 22 For criminal cases involving army and local elements, the jurisdiction shall be determined in accordance with relevant regulations.

Chapter II Withdrawal

Article 23 Under any of the following circumstances, the judge shall voluntarily withdraw and the parties to the case and their legal representatives may apply for the withdrawal of the judge:
1. Where he is a party to the case or an immediate relative to either party;
2. Where he or his relatives have any interest in the case;
3. Where he has served as a witness, forensic appraiser, defender, agent ad litem or translator;
4. Where he is an immediate relative to the defender or agent ad litem of the case; or
5. Where he has any other interest relationship with either party to the case, which might affect the impartiality of the trial of the case.

Article 24 Where any judge violates the regulations and is under any of the following circumstances, the parties to the case and their legal representatives may apply for the withdrawal of such judge:
1. Where he violates the regulations to meet with the parties, defender or agent ad litem of the case;
2. Where he recommends or introduces defender or agent ad litem for the any party to the case, or introduces the case to lawyer or other personnel;
3. Where he requests or accepts any effects or other benefits from any party to the case or his entrusted persons;
4. Where he accepts the entertainment by any party to the case or his entrusted persons, or participates in any activity the fee of which is paid by such party or person;
5. Where he borrows any effects from any party to the case or his entrusted persons; or
6. Where he has any improper activity, which might affect the impartiality of the trial.

Article 25 Where any investigation or procuratorial personnel that has participated in the investigation or examination for prosecution of the case is transferred to work in the people's court, he may not serve as the judge of the case.
In any proceedings, if any member of the collegial panel or sole judge has participated in the trial of the case, he may not participate in the trial of the case in other processes. However, in case of cases remanded for retrial, if the case is again moved to the second instance procedure or death penalty review procedure after the people's court of first instance renders its ruling, the members of collegial panel of the original second instance procedure or death penalty review procedure shall not be subject to the limitation as provided herein.

Article 26 The people's court shall legally inform the parties to the case and their legal representatives of their rights to apply for withdrawal, and inform them of the list of members of collegial panel, sole judge, clerk and other personnel.

Article 27 Where the judge voluntarily applies for withdrawal, or any party or his legal representatives applies for withdrawal of any judge, he may put forward the same orally or in writing, and state the reasons for that; and it is the president of the court to decide approval or not.
Where the president of the court applies for withdrawal, or any party or his legal representatives apply for withdrawal of the president of the court, the judicial committee shall determine the same upon deliberation by the judicial committee. When the judicial committee discusses the application for withdrawal of the president of the court, such discussion shall be presided over by the vice president of the court without the participation of the president of the court.

Article 28 When applying for withdrawal in accordance with Article 28 of the Criminal Procedure Law and Article 24 of these Interpretations, the parties of the case and their legal representatives shall provide proof materials.

Article 29 Where the judge that shall withdraw does not voluntarily withdraw, and any party or his legal representatives has not applied for their withdrawal, the president or the judicial committee shall determine their withdrawal.

Article 30 For the withdrawal application filed by any party or his legal representatives, the people's court may make decision orally or in writing, and notify the decision to the applicant.
Where any party or his legal representatives applies for withdrawal and their applications are rejected, they may apply for review when receiving the decision of rejection. In case of withdrawal application not under any of the circumstances as provided in Article 28 or 29 of the Criminal Procedure Law and being rejected by the court at court, such rejection may not be applied for review.

Article 31 Where the parties of the case and their legal representatives apply for withdrawal of any procuratorial personnel at court, the people's court shall announce an adjournment and notify the people's procuratorate.

Article 32 For the purposes of this Chapter, "Judge" include the president and vice president of the people's court, members of the judicial committee, chief judge and vice chief judge, judges, assistant judges and people's assessors.

Article 33 The relevant provisions on withdrawal of judge shall also apply to clerks, translators and forensic appraisers, and the withdrawal of such persons shall be determined by the president of people's court.

Article 34 The defender and agent ad litem may demand withdrawal or apply for review in accordance with relevant rules of this Chapter.

Chapter III Defence and Representation

Article 35 When hearing cases, the people's court shall fully protect the defence rights legally enjoyed by the defendant.
In addition to exercise of defence right by himself, the defendant may entrust a defender for defence. The following persons may not be a defender:
1. Persons who are executing criminal penalty, or in probationary period or probation period for parole;
2. Persons whose personal freedom is legally deprived off or restricted;
3. Persons with no or limited capacity for conduct;
4. Incumbent persons of the people's court, the people's procuratorate, the public security organs, the national security organs and the prison;
5. People's assessors;
6. Persons with interest relationship with the trial results of the case; and
7. Foreigners or stateless persons.
For persons listed in Item 4-7 as listed in the preceding Paragraph, if they are the guardians or immediate relatives of the defendant, and are entrusted by the defendant to be his defender, they may be allowed to do so.

Article 36 The judge and other work staff of the people's court may not serve as defender in the capacity of lawyer within two years from his resignation from the people's court.
The judge and other work staff of the people's court may not serve as defender in any case heard by the people's court he once worked for after his resignation from the people's court, except for defence given in capacity of custodian or immediate relative of the defendant.
The spouse, children or parents of the judge and other work staff of the people's court may not serve as defender in any case heard by the people's court such personnel originally worked for, except for defence given in capacity of custodian or immediate relative of the defendant.

Article 37 Where a lawyer, people's organization, person recommended by the unit where the defendant works, custodian, or any relative or friend of the defendant is entrusted to be the defender, the people's court shall verify his identity proof and the power of attorney.

Article 38 A defendant may entrust one to two persons as his defender(s).
A defender may not defend for two or more defendants of the same case, or for defendants of different cases but the facts of crimes of such cases are related.

Article 39 Where the defendant makes no entrustment on defender, the people's court shall, within three days upon acceptance of the case, notify the defendant that he has the right to entrust a defender; where the defendant entrusts no defender due to economic hardship or other reasons, he shall be notified that he may apply for legal aid; where the defendant is under any circumstance where legal aid can be provided, the people's court shall notify the defendant that it will legally notify the legal aid agency to appoint lawyers to defend for him.
The notification may be given orally or in writing.

Article 40 During trial, where the defendant in custody requests to entrust a defender, the people's court shall forward such request to his custodian, immediate relatives or any other persons designated by the defendant within three days thereafter. The defendant shall provide the contacts of relevant persons. Where the relevant persons are unreachable, the defendant shall be told so.

Article 41 The people's court shall, upon receipt of the legal aid application filed by the defendant in custody, forward the same to the local legal aid agency within 24 hours.

Article 42 For the following defendant without entrustment of defender, the people's court shall notify the legal aid agency to appoint lawyers to defend for him:
1. Where he is blind, deaf or mute;
2. Where he is a mental patient whose illness is of an intermittent nature; and
3. Where he may be sentenced to life imprisonment or death penalty.
Where the higher people's court reviews death penalty case and the defendant entrusts no defendant, the higher people's court shall notify legal aid agency to appoint lawyer to defend for him.

Article 43 Under any of the following circumstances, where the defendant entrusts no defender, the people's court may notify the legal aid agency to appoint lawyer to defend for him:
1. Where, in a joint crime case, other defendants have entrusted defenders;
2. Cases with significant social influence;
3. Cases protested by the people's procuratorate;
4. Where the activity of the defendant may not constitute any crime; and
5. Other circumstances as necessary to appoint lawyer to provide defence.

Article 44 Where the people's court notifies the legal aid agency to appoint lawyer to provide defense, the people's court shall serve the legal aid notification, copy of the complaint or judgment to the legal aid agency; in case of deciding to hear, the people's court shall serve the said material to the legal aid agency 15 days prior to the trial, except for trial by summary process.
The legal aid notification shall state the cause of action, name of defendant, reasons for legal aid, name and contacts of judge; in case of deciding to trial, the place and time of trial shall be stated too.

Article 45 Where the defendant refuses the defense by the lawyer appointed by the legal aid agency, and insists on exercise of the right of defence by itself, the people's court shall allow so.
Under circumstances where legal aid shall be provided, where the defendant rejects the defence by the appointed lawyer, the people's court shall find out the reasons. Where the reasons are justifiable, it shall allow the rejection, however, the defendant must otherwise entrust another defender; where the defendant fails to otherwise entrust a defender, the people's court shall notify the legal aid agency to otherwise appoint lawyers to defend for him in writing and within three days.

Article 46 Where the defendant accepts the entrustment of the defendant during the trial period, he may submit the relevant entrustment formalities to the people's court within three days upon the date of receipt and acceptance.
Where the legal aid agency decides to appoint lawyer to defend for the defendant, the appointed lawyer shall, within three days upon acceptance of designation, submit the legal aid formalities to the people's court.

Article 47 The defence lawyer may consult, extract and copy the case file. Other defenders may, upon permission by the people's court, consult, extract or copy the case file. No consultation, extract or copy of the discussion record of the collegial panel and the judicial committee or other materials that may not be disclosed to the public, is allowed.
Where the defender consults, extracts or copies the case file, the people's court shall provide convenience and guarantee necessary time.
Photocopy, photography, scanning or other means can be adopted to copy the case file.

Article 48 The defence lawyer may meet with and communicate with the defendant in custody or under residential surveillance. Other defenders may do so with the permission from the people's court.

Article 49 Where the defender believes that any evidence proofing the innocence or the need for mitigated punishment of the defendant that is collected by the public security organs or the people's procuratorate during investigation or review and examination, and the defender applies to the people's court for obtaining such evidence, the defender shall submit a written application for that, and relevant clues or materials. The people's court shall obtain the same from the people's procuratorate upon acceptance of application. After the people's procuratorate has transferred relevant evidence materials, the people's court shall timely notify the defendant.

Article 50 Where the defence lawyer applies for collecting materials in relation to the case from the victim and immediate relatives as well as the witness provided by the victim, and if the people's court deems it necessary, it shall issue the permitted investigation.

Article 51 When the defence lawyer attempts to collect and obtain evidence materials in relation to the case from the witness or relevant units or individuals, and such witness or relevant units or individuals refuse to cooperate, and therefore the defence lawyer applies to the people's court for collection and obtaining of such evidence material or apply for notifying the witness to take the stand in the court, and the people's court shall agree so if it deems necessary.

Article 52 Where the defence lawyer directly applies to the people's court for requesting the court to collect and obtain evidence materials from the witness or relevant units or individuals, and the people's court deems it necessary to do so and that it is inappropriate or impossible for the defence lawyer to do so, the people's court shall approval such request. When the people's court collects and obtains evidence materials, the defence lawyer may present.
All written evidence materials collected and obtained by the people's court from relevant units must be signed by the providers and affixed with the common seal of such units; and the written evidence materials collected and obtained by the people's court from individuals must be signed by the providers.
The people's court shall issue receipts for all evidence materials provided by relevant units and individuals, which will indicate the name of each evidence material, time of receipt, number of copies, pages and original copies or reproduction copies, and such receipts shall be signed by the clerks or judge.
Upon collection and obtaining of the evidence materials, the people's court shall timely notify the defence lawyer to consult, extract and copy, and notify the people's procuratorate.

Article 53 The applications as provided in Article 50 to 52 hereof shall be made in writing with reasons, and shall indicate the content of evidence materials needed to be collected or obtained, or the outline of questions needed to be investigated.
For applications made by the defence lawyer, the people's court shall make decision on whether to approve or allow the same or not within five days, and notify the applicant; if the people's court decides not to approve or allow the same, it shall state the reasons for that.

Article 54 The people's court shall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem, and notify them that they could apply for legal aid if they have any economic hardship.

Article 55 For application of law on the parties' entrustment of agent ad litem, the relevant provisions of Article 32 of the Criminal Procedure Law and these Interpretations shall be referred to.

Article 56 The agent ad litem may protect the litigation rights and other legitimate rights and interests of the victim, the private prosecutor or the parties to the incidental civil action on basis of the facts and laws.

Article 57 Upon the permission of the people's court, the agent ad litem may consult, extract and copy the case file of the case.
Where the lawyer as the agent ad litem needs to collect and obtain evidence materials in relation to the case, the provisions of Article 51 to 53 hereof shall be referred to.

Article 58 After accepting the entrustment by the parties or designation by the legal aid agency, the agent ad litem shall submit to the people's court the evidence for completion of the entrustment formalities or legal aid formalities within three days.

Article 59 Where the defender or the agent ad litem copies the case file, the people's court will only charge them the cost for such copies; where the legal aid lawyer copies any necessary case file, the people's court shall exempt such lawyer from the charge or reduce the charge for such lawyer.

Article 60 Where the defence lawyer notifies the people's court about that his principal or others are preparing to carry out, or carrying out any crime jeopardizing the national security or public security or seriously jeopardizing the personal security of others, the people's court shall record the same and immediately notify the competent authority to legally deal with the same, and keep confidential for the lawyer on any reflected situation.

Chapter IV Evidence

Section 1 General Provisions

Article 61 The determination of facts of a case must be relied on evidence.

Article 62 The judge shall collect, examine, verify and determine evidence in accordance with the statutory procedures.

Article 63 Evidence that has not been determined to be reliable upon presentation, identification, cross-examination and other court investigation procedure may not be used for deciding a case, unless otherwise provided by the laws and these Interpretations.

Article 64 The facts of a case that shall be proved by evidence include:
1. Identity of the defendant and the victim;
2. Whether the accused crime has occurred;
3. Whether the accused crime is committed by the defendant;
4. Whether the defendant has the capacity to bear criminal responsibility, whether the defendant is guilty, and the defendant's crime motive and purpose;
5. The time, place and means for committing crime, the consequence of crime and the cause of case, etc.;
6. The status or role of the defendant in the joint crime;
7. Whether the defendant is under any circumstance for heavier, lesser or mitigated punishment or exemption of punishment;
8. Facts on incidental civil action or case-involved effects;
9. Procedural facts on jurisdiction, withdrawal or postponement of hearing, etc.; and
10. Other facts in relation to conviction and sentencing.
Determination of the guilty of the defendant and the heavier punishment of the defendant shall apply to the proof standards of sufficient and reliable evidence.

Article 65 The physical evidence, documentary evidence, audio-visual materials, electronic data and other evidence materials collected by the administrative authority in the course of administrative execution and investigation and handling of the case may be used as evidence in the criminal litigation; where such evidence is verified to be reliable upon the examination by the court and the collection procedure of such evidence meets with the provisions of the laws and regulations, such evidence may be used as basis for deciding case.
The evidence material collected by the organizations exercising the powers of the state administrative management functions in accordance with the laws and regulations in the course of administrative execution and the investigation and handling of cases shall be deemed as evidence materials collected by the administrative authority.

Article 66 The people's court shall make investigation and verification on the evidence in accordance with Article 191 of the Criminal Procedure Law, and may notify the procuratorial personnel, defender, private prosecutor and his legal representative to present whenever necessary. The absence of any of the said personnel shall be recorded.
Where the people's court finds out any new evidence materials having great influence on the conviction and sentence when investigating and verifying the evidence, it shall notify the procuratorial personnel, defender, private prosecutor and his legal representative. The people's court may also directly obtain such evidence whenever necessary, and then timely notify the procuratorial personnel, defender, private prosecutor and his legal representative to consult, extract and copy.

Article 67 The following persons may not be served as eye-witness in any criminal litigation activity:
1. Where he has any physical or mental defect, he is young or he is lack of the corresponding identification capacity or cannot correctly express himself;
2. Where he has any interest in the case, which may affect the impartial handling of the case; and
3. Where he is the staff or employee of the public security organs or judicial authority exercising such criminal litigation powers as inquest, examination, search and seizure.
Where there is no qualified person to be the eye-witness due to objective reasons, it shall be indicated in the record materials, and the relevant activities shall be recorded in video.

Article 68 In case of hearing a case in public, where the public prosecutor or any litigation participant presents any evidence in relation to national secret, trade secret or personal privacy, the court shall put a stop to it. Where the relevant evidence is indeed relating to the case, the court may decide to transform the case into a case inappropriate for hearing in public, or conduct the court investigation of relevant evidence in private, on the basis of the specific situation.

Section 2 Examination and Confirmation of Physical Evidence and Documentary Evidence

Article 69 In case of physical evidence and documentary evidence, the examination shall focus on the following content:
1. Whether the physical evidence or documentary evidence is the original object or copy, whether such evidence has been identified and verified; whether the photo, video and copy of the physical evidence or the counterpart or copy of the documentary evidence is consistent with the original object or copy; whether such evidence is produced by two persons or more; whether there is any written statement on the production process and location of the original object and copy, with signature thereupon;
2. Whether the procedure and method for collection of the physical evidence or documentary evidence meets with the laws and regulations; whether the physical evidence or documentary evidence that has been subject to inquest, examination, search and obtaining and seizure is attached with relevant record and list; whether such record and list has been signed by the investigatory personnel, the holder of items and the eye-witness; whether there is any indicated reason in case of absence of signature of the holder of items; and whether the name, characteristics, quantity and quality of the items are clearly indicated;
3. Whether the physical evidence or documentary evidence is damaged or altered in the course of collection, custody or verification;
4. Whether the physical evidence or documentary evidence is relating to the facts of the case; whether the bloodstain, body fluid, hairs, fingerprints and other biological samples, traces or items left at the scene of crime that are relating to the crime and meet the conditions for verification, have completed the DNA verification, fingerprint verification and other verifications, and have completed the comparison with the corresponding biomaterial, biological features and items of the defendant or the victim; and
5. Whether all physical evidence or documentary evidence in connection with the facts of a case have been fully collected.

Article 70 The physical evidence used for deciding case shall be original objects. Where the original objects are inconvenient for transport or difficult for retention, such objects shall be legally kept or handled by relevant departments; in case of objects requiring to be returned in accordance with the laws, the photos, videos and copies sufficient enough to reflect the appearance and characteristics of the original objects shall be taken or made.
Those photos, videos or copies of the physical evidence that cannot reflect the appearance and characteristics of the original objects cannot be used as the basis for deciding case.
The photos, videos and copies of the physical evidence may be used as basis for deciding cases after verified to be authentic and identical to the original objects, or confirmed to be authentic and identical by other means.

Article 71 The documentary evidence used for deciding case shall be original copies. In case of difficulty in obtaining the original copies, the counterpart and copies may be used.
Documentary evidence with unexplainable alternation or signs of alternation, or the copies and counterparts of which cannot reflect the original copies and their content, cannot be used as basis for deciding case.
The counterpart and copies of the documentary evidence may be used as basis for deciding cases after verified to be authentic and identical to the original copies, or confirmed to be authentic and identical by other means.

Article 72 For bloodstain, body fluid, hairs, human tissue, fingerprints, footprint, handwriting and other biological samples, traces and items as may be relating to the facts of the case, which shall be extracted and examined, if no extraction and examination is made and therefore leads to any doubt in the facts of the case, the people's court shall state the same to the people's procuratorate and the latter shall legally conduct supplementary collection and obtaining of evidence or make reasonable explanation.

Article 73 Where there is no record or list of the physical evidence and documentary evidence extracted or distrained in the course of inquest, examination and search, and therefore the source of such physical evidence or documentary evidence cannot be proved, then such physical evidence or documentary evidence cannot be used as basis for deciding case.
Despite any defect in the procedure and method for collection, the physical or documentary evidence may be admitted after additions and corrections or provision of reasonable explanation:
1. Where there is no signature of the investigatory personnel, holder of the items or eyewitness on the inquest, examination, search or extraction record or the seizure list, or there is no detailed indication of the name, characteristics, quantity and quality of the items;
2. Where the photos, videos or copies of the physical evidence or the counterparts or copies of the documentary evidence are not indicated as "identical to original objects", without time of reproduction, or without signature and seal by the person who collects or obtains the same;
3. Where there is no statement on the production process and location of the storage of original objects and copies by the producer on the photos, videos and copies of the physical evidence or the counterparts or copies of the documentary evidence, or where there is no signature for such statement; or
4. In case of having other defects.
Where there is any doubt on the source or collection procedure of the physical evidence or documentary evidence, and no reasonable explanation is provided, the physical evidence or documentary evidence concerned cannot be used as basis for deciding case.

Section 3 Examination and Confirmation of Testimony of Witness and Statement of Victim

Article 74 In case of testimony of witness, the examination shall focus on the following content:
1. Whether the content of testimony is from the direct perception of the witness;
2. Whether the age, the cognition, memory and expression ability, and the physical and mental status of the witness when testifying will affect the giving of testimony;
3. Whether the witness has any interest relationship with the parties to the case or the results of the case;
4. Whether the inquiry of witness is independently conducted;
5. Whether the production or revision of the inquiry record meets with the relevant provisions of the laws and regulations; whether the duration and place of inquiry is indicated on the inquiry record; whether the witness is informed of the rights, obligations and legal liabilities on testifying before the first inquiry; whether the witness has verified and confirmed the inquiry record;
6. In case of inquiring juvenile witness, whether his legal representative or relevant persons have been notified to present; whether his legal representative or relevant persons have presented;
7. Whether there is any circumstance of collection of testimony of witness by violence, threat or other illegal means; and
8. Whether the testimonies can be mutually verified; whether the testimony and other evidence can be mutually verified; whether there is any contradiction between the testimony and other evidence.

Article 75 Testimony provided by witness in obvious drunk, intoxication or anesthetization status, or who cannot perceive as normal person or correct express himself, cannot be used as evidence.
The speculative, commentary or deductive testimony given by the witness cannot be used as evidence, unless it is true according to general life experience.

Article 76 Under any of the following circumstances, the testimony of witness may not be used as basis for deciding case:
1. Where the inquiry of witness is not independently conducted;
2. Where the written testimony has not been verified and confirmed by the witness;
3. In case of inquiry of deaf and mute witness, failure to provide persons comprehending dactylogy at the inquiry; or
4. In case of inquiry of witness not comprehending local language and words, failure to provide translator at the inquiry.

Article 77 Where the collection procedure or method for testimony of witness has the following defects, if such defects can be made up or a reasonable explanation on such defects is provided, such testimony may be admitted; otherwise, such testimony may not be used as basis for deciding case:
1. Where the inquiry record fails to fill in the name of the inquirer, recorder and legal representative or the duration and place of inquiry;
2. Where the place of inquiry does not meet the requirements;
3. Where the inquiry record does not record the notification to the witness on rights, obligations and legal liabilities on testifying; or
4. Where the inquiry record reflects that the same inquirer has inquired different witnesses at the same time.

Article 78 The testimony given by the witness at court shall be used as basis for deciding case if such testimony is verified by the prosecutor and defender and investigated by the court to be true.
Where the witness gives a testimony at court that is contradictory to his testimony given before trial, and the witness is able to make reasonable explanation, which can be proved by relevant evidence, such testimony shall be admitted by the court; in case of failure to make reasonable explanation and if there is any relevant evidence to proof the testimony given by the witness before trial, then such testimony given before trial may be admitted.
Where the witness refuses to appear at court or testify at court after appearance without justifiable reasons upon the notice of the people's court, and the court is unable to confirm the authenticity of his testimony, then the testimony of such witness may not be used as basis for deciding case.

Article 79 The examination and confirmation of the statement of the victim shall refer to the relevant provisions of this Section.

Section 4 Examination and Confirmation of Statements and Exculpations of the Defendant

Article 80 In case of statements and exculpations of the defendant, the examination shall focus on the following content:
1. Whether the time and place of interrogation, the status of interrogator, the number of interrogators and the interrogation method are in compliance with relevant provisions of the laws and regulations;
2. Whether the preparation and revision of the interrogation record meets with the relevant provisions of the laws and regulations; whether the interrogation record has indicated the specific duration and place of the interrogation; whether the defendant is notified about his relevant rights and provisions of the laws when he is interrogated for the first time; whether the defendant has verified and confirmed the interrogation record;
3. In case of interrogating juvenile defendant, whether his legal representative or relevant persons have been notified to present; whether his legal representative or relevant persons have presented;
4. Whether the statement of the defendant is collected by such illegal methods as extortion of confession by torture;
5. Whether the statements of the defendant are consistent; whether there is any caprice in his statements and why is that; whether all statements and exculpations of the defendant have been transferred along with the case;
6. Whether the content of the exculpations of the defendant accords with the case and common sense; whether there is any contradiction between them; and
7. Whether the statements and exculpations of the defendant can mutually verify with the statements and exculpations of other defendants of the same case; whether there is any contradiction.
The examination may, whenever necessary, be made by taking and combining the tapes and videos recorded in the course of interrogation, the physical examination records and interrogation records of the defendant taken each time he comes in and out of the detention house.

Article 81 Under any of the following circumstances, the statement of the defendant may not be used as basis for deciding case:
1. Where the interrogation record has not been verified and confirmed by the defendant;
2. In case of interrogation of deaf and mute defendant, failure to provide persons comprehending dactylogy at the inquiry; or
3. In case of interrogation of defendant not comprehending local language and words, failure to provide translator at the interrogation.

Article 82 Where the interrogation record has the following defects, if such defects can be made up or a reasonable explanation on such defects is provided, such statement may be admitted; otherwise, such statement may not be used as basis for deciding case:
1. Where there is any mistake or contradiction in the interrogation time, interrogator, recorder and legal representative completed in the interrogation record;
2. Where the interrogator does not sign the required document; or
3. Where the interrogation record for the first time does not record that the interrogated person is notified on his relevant rights and legal provision.

Article 83 The examination of the statements and exculpations shall be conducted in combination with all evidence provided by the prosecutor and the defender and all statements and exculpations made by the defendant.
Where the defendant withdraws the confession at court but fails to give reasonable explanation for that, or his explanation is contradictory to all other evidence of the case, but his statements before the court hearing are mutually confirmed with other evidence of the case, in the case, his statements before the court hearing may be admitted.
Where there is any caprice in the statements and exculpations of the defendant before the court hearing, but the defendant makes confession in the court hearing, and his confession is mutually confirmed with other evidence, then his confession at the court hearing may be admitted; where there is any caprice in the statements and exculpations of the defendant before the court hearing, but the defendant makes no confession in the court hearing, and there is no other evidence that is mutually confirmed with such statements and exculpations before the court hearing, then his statements and exculpations before the court hearing may not be admitted.

Section 5 Examination and Confirmation of Forensic Appraisal Opinions

Article 84 In case of forensic appraisal opinions, the examination shall focus on the following content:
1. Whether the forensic appraisal institute and the forensic appraiser have the statutory qualifications;
2. Whether there is any circumstance under which the forensic appraiser shall withdraw;
3. Whether the source, obtaining, custody and sending for test of the materials to be tested meet with the relevant provisions of the laws and regulations, and are conform to the content recorded on the obtaining record and list of distrained articles; whether the materials to be tested are sufficient and reliable;
4. Whether the formal requirements of the forensic appraisal opinions are satisfied; whether the forensic appraisal opinions have indicated the grounds for appraisal, the person entrusting appraisal, the appraisal institute, the appraisal requirements, the appraisal process, the appraisal methods, the appraisal date and relevant content; whether the forensic appraisal opinions have been affixed with the special stamp for judicial appraisal and signed and sealed by the appraiser;
5. Whether the appraisal procedure is in compliance with the provisions of the laws and regulations;
6. Whether the process and method of appraisal satisfies the relevant professional standardized requirements;
7. Whether the forensic appraisal opinions are clear;
8. Whether the forensic appraisal opinions are relevant to the facts of the case to be proved;
9. Whether the forensic appraisal opinions are contradictory with the inquest and examination records, relevant photos or other evidence; and
10. Whether the forensic appraisal opinions have been timely notified relevant persons, and whether the parties have any objection on the appraisal opinions.

Article 85 Under any of the following circumstances, the forensic appraisal opinions may not be used as basis for deciding case:
1. Where the forensic appraisal institute does not have the statutory qualifications, or the matters to be appraised have exceeded the business scope and technology conditions of such appraisal institutes;
2. Where the appraiser does not have the statutory qualifications or relevant professional technologies or titles, or breaches the withdrawal requirements;
3. Where the source of the materials or samples sent for test is unclear, or does not have the appraisal conditions due to contamination;
4. Where the appraisal objects are inconsistent with the materials or samples sent for test;
5. Where the appraisal procedures are against the requirements;
6. Where the process or method of appraisal does not meet with the relevant professional standardized requirements;
7. Where the appraisal documents lack of signature or seal;
8. Where the appraisal opinions are irrelevant to the facts of the case to be proved; or
9. Other circumstance in breach of relevant regulations.

Article 86 Where the appraiser refuses to testify in court upon notice by the people's court, the forensic appraisal opinions may not be used as basis for deciding case.
Where the appraiser cannot appear at court due to any Force Majeure or other justifiable reasons, the people's court may decide to postpone the hearing or arrange re-appraisal on basis of the specific situation.
The people's court shall circulate to the judicial administrative authority or relevant departments the appraiser refusing to testify in court without justifiable reason.

Article 87 For any specific issues in the case, if appraisal is needed but there is no statutory forensic appraisal institute that can run the test, or if the laws or judicial interpretations stipulate that such issues may be appraised, the people's court may designate or hire relevant expert to run the test, and the test report may be used as reference for conviction and sentencing.
The examination and confirmation on test report shall refer to the relevant provisions of this Section.
Where the tester refuses to testify in court upon notice by the people's court, the test report may not be used as reference for conviction and sentencing.

Section 6 Examination and Confirmation of Records of Inquests, Examination, Identification and Investigative Experiments

Article 88 In case of records of inquests and examination, the examination shall focus on the following content:
1. Whether the inquests and examination are legally conducted; whether the preparation of the records is in compliance with relevant provisions of the laws and regulations; whether the records of inquests and examination are signed or sealed by the inquest and examination personnel and the eye-witness;
2. Whether the records of inquests and examination have recorded the grounds for inquests and examination, the place and time of inquests and examination, the personnel on the scene, position of the scene, surrounding environment, the location and features of articles, persons and dead bodies (if any) and other situations thereof, and the course of inquests, examination and search; whether the written records are consistent with the real objects or drawings, photos or videos; whether the scene, articles and traces are forged or damaged; whether there is any disguise or change in the body features, injury situation or physiological status; and
3. In case of supplementary inquests or examination, whether the reasons for re-inquests or re-examination have been stated; and whether the results of re-inquests or re-examination are different from the previous ones.

Article 89 Where the records of inquests or examination are under any circumstance that is obviously inconsistent with the laws and regulations, and there is no reasonable explanation or statement for that, such records of inquests or examination may not be used as basis for deciding case.

Article 90 In case of identification records, the examination shall focus on the process and method of identification and whether the preparation of the identification records is consistent with relevant regulations.
Under any of the following circumstances, the identification records may not be used as basis for deciding case:
1. Where the identification is not presided by the investigator;
2. Where the identifier sees the objects to be identified before identification;
3. Where the identification activity is not conducted individually;
4. Where the object to be identified does not mix with other objects with similar features, or the number of objects for identification does not meet the requirements;
5. Where the identifier is given any hint in the identification, or there is any obvious suspicion in the identification; or
6. Other circumstances in violation of relevant regulations which lead to the impossibility to confirm the authenticity of the identification records.

Article 91 In case of investigative experiment records, the examination shall focus on the process and method of experiments and whether the preparation of the records is consistent with relevant regulations.
Where the conditions for investigative experiments are obviously different from the conditions at the time of occurrence of the event, or there are other circumstances affecting the scientific nature of the conclusion of experiments, the investigative experiments records may not be used as basis for deciding case.

Section 7 Examination and Confirmation of Audio-visual Materials and Electronic Data

Article 92 In case of audio-visual materials, the examination shall focus on the following content:
1. Whether there is any statement on the course of obtaining; whether the source is legal;
2. Whether the audio-visual materials are original; whether there are any copy and the number of copies; if the audio-visual materials are reproduced copy, whether the reasons on impossibility for obtaining the original copy and the statement on production process of the copy and the location of storage of the original copy are attached; whether the producer or the original holder of the audio-visual materials has signed or sealed for the audio-visual materials;
3. Whether there is any threat or inducement to the party or any other circumstance in violation of the laws and regulations in the course of production;
4. Whether the status of producer or holder of the audio-visual materials, and the time, place, conditions and methods of and for production are stated;
5. Whether the content and the production process are authentic; whether there is any addition, deletion or edition or other similar situation to and of the audio-visual materials; and
6. Whether the content of the audio-visual materials is relevant to the facts of the case.
In case of any question on the authenticity of the audio-visual materials, a forensic appraisal shall be conducted.

Article 93 In case of emails, electronic data exchange, online chat records, blog, micro blog, text messages, electronic signature, domain name and other electronic data, the examination shall focus on the following content:
1. Whether they have been transferred along with the original storage medium; if the original storage medium is unable to be sealed for storage, inconvenient for move or shall be legally retained, processed or returned by relevant departments, whether the obtaining and copying electronic data is conducted by two persons or more, whether the obtaining and copying electronic data is sufficient enough to guarantee the completeness of electronic data, and whether there is any written statement on the obtaining and copying process and the location of storage of the original storage medium, and any signature on such statement;
2. Whether the procedure and method for collection meets with the requirements of the laws and relevant technology norms; in case of electronic data collected from inquests, examination, search and other investigation activities, whether there is any record or list attached to such data and whether the investigator, electronic data holder and the eye-witness have signed on that; in the absence of the signature of the electronic data holder, whether there is any reason indicated in the record or list; in case of remote call of electronic data from overseas regions or different places, whether the relevant situation has been stated; whether there is clear indication on the specifications, types and document formats of electronic data;
3. Whether the content of electronic data is authentic; whether there is any deletion, revision, addition or other situations;
4. Whether there is any relevance between the electronic data and the facts of the case; and
5. Whether all electronic data in connection with the facts of a case has been fully collected.
In case of any question on electronic data, a forensic appraisal or test shall be conducted.

Article 94 Under any of the following circumstances, the audio-visual materials and electronic data may not be used as basis for deciding case:
1. Where there is unable to reach a conclusion on the authenticity thereof upon examination; or
2. Where no necessary proof or reasonable explanation is provided in case of any question on the time, place and method on production and obtaining.

Section 8 Exclusion of Illegal Evidence

Article 95 Where corporal punishment or corporal punishment in disguise, or other methods causing the defendant to suffer any intense pain or torture, physically or mentally are used to force the defendant to make statement against his will, it shall be deemed as the "extort confession by torture and other illegal methods" as provided in Article 54 of the Criminal Procedure Law.
In case of determining it to be the circumstance "that might severely affect the justice" as provided in Article 54 of the Criminal Procedure Law, the breach of legal procedure for collection of physical evidence and documentary evidence and severity of the consequence caused thereby as well as other situation shall be considered on a comprehensive basis.

Article 96 Where any party or his defenders or agent ad litem apply to the people's court for precluding any evidence collected by illegal method, they shall provide the clue or material in relation to the person suspected of obtaining evidence by illegal means, and the time, place, method and content in relation thereto.

Article 97 The people's court shall, when serving the copy of the compliant to the defendant and his defender, notify them that they should file any application for exclusion of illegal evidence (if any) before the court hearing, provided that they only discover any clue or material for that during the court hearing.

Article 98 Before court hearing, where any party or his defender or agent ad litem applies to the people's court for exclusion of illegal evidence, the people's court shall deliver to the people's procuratorate the copies of the application letter or application record and relevant materials and clues before the court hearing.

Article 99 Before court hearing, where any party or his defender or agent ad litem applies for exclusion of illegal evidence and the people's court has any doubt on the legitimacy of the collection of evidence upon examination, the people's court shall hold a pre-court meeting in accordance with Paragraph 2 of Article 182 of the Criminal Procedure Law to understand the situation and hearing opinions on the exclusion of illegal evidence and other issues. The people's procuratorate may explain the legitimacy of the collection of evidence by showing relevant evidence materials and other methods.

Article 100 In the course of court hearing, where any party or his defender or agent ad litem applies for exclusion of illegal evidence, the court shall conduct examination. Where the court has any doubt on the legitimacy of the collection of evidence upon examination, it shall investigate; in case of finding no doubt upon investigation, the court shall explain the situation and reason at court and continue the hearing. Where such party or his defender or agent ad litem reapplies for exclusion of illegal evidence on the same ground, the court shall not conduct examination.
The investigation on the legitimacy of the collection of evidence may be conducted after the application for exclusion of illegal evidence by any party or his defender or agent ad litem, or conducted before the ending of court investigation, as the case may be.
In the course of court hearing, where any party or his defender or agent ad litem applies for exclusion of illegal evidence and the people's court deems it failing the requirements as set forth in Article 97 hereof upon examination, the people's court shall conduct examination before the ending of court investigation and make decision on whether to conduct investigation on legitimacy of collection of evidence.

Article 101 Where the court decides to investigate the legitimacy of collection of evidence, the public prosecutor may prove the legitimacy of collection of evidence by showing and reading interrogation record or other evidence, playing the tapes and videos recorded in the course of interrogation with purpose, appealing to the court to notify relevant investigators or other persons to appear in the court to make explanations, or other means.
The materials submitted by the public prosecutor to explain the legitimacy of the process of collection of evidence shall be signed by relevant investigators and affixed with the common seal. Absence of signature of relevant investigator will result in the invalidity of such materials as evidence. The said materials may not independently be the ground for proving of the legitimacy of the process of collection of evidence.

Article 102 If any circumstance of collection of evidence by illegal methods as set forth in Article 54 of the Criminal Procedure Law is confirmed or cannot be precluded upon trial, the relevant evidence shall be excluded.
The people's court shall notify the investigation conclusion to the public prosecutor, the parties and their defender and agent ad litem upon investigation of the legitimacy of collection of evidence.

Article 103 Under any of the following circumstances, the people's court of second instance shall examine the legitimacy of collection of evidence, and make the corresponding handling in accordance with the relevant provisions of the Criminal Procedure Law and these Interpretations:
1. Where the people's court of first instance did not examine the application for exclusion of illegal evidence filed by any party or his defender or agent ad litem, and such evidence is used as basis for deciding the case;
2. Where the people's procuratorate or the defendant or private prosecutor or his legal representative does not accept the investigation conclusion made by the people's court of first instance on the legitimacy of collection of evidence, and therefore protests or appeals; or
3. Where any party or his defender or agent ad litem only finds out the relevant clue or material after ending of first instance, and then applies to the people's court for exclusion of illegal evidence.

Section 9 Comprehensive Examination and Application of Evidence

Article 104 The examination of the authenticity of evidence shall be conducted in combination of all evidence of the case.
The persuasiveness of evidence shall be examined and judged from the perspectives of the relevancy between evidence and the facts to be proved and the connection between evidence on the basis of specific situation.
Where there is internal relation between evidence and all evidence jointly point to the same fact to be proved without any contradiction that is unable to be precluded or any doubt that is unable to be explained, such evidence may then be used as basis for deciding case.

Article 105 In the absence of direct evidence, if the indirect evidence contemporarily meets the following conditions, such indirect evidence may be used for the conviction of the defendant:
1. Where the evidence has been investigated and verified to be authentic;
2. Where the evidence can mutually prove each other and there is no contradiction that is unable to be precluded or no doubt that is unable to be explained;
3. Where all evidence of the case has formed a complete proving system;
4. Where it is sufficient enough to determine the facts of the case relying on the evidence and the conclusion is exclusive; and
5. Where the reasoning by evidence is conform to logic and experience.

Article 106 Where any strongly elusive physical evidence or documentary evidence is obtained in accordance with the statement or identification of the defendant, and the defendant's statement is mutually confirmed with other evidence proofing the occurrence of the crime facts, and the possibility of confession in collusion, extortion of confession or inducement of confession, then the defendant may be convicted as guilty.

Article 107 The evidence materials collected by taking technology investigation measures, which are verified to be authentic upon such court investigation procedures as showing at trial, identification and cross-examination, may be used as basis for deciding case.
Where the use of evidence as provided in the preceding paragraph may endanger the personal safety of relevant persons, or may produce other severe consequence, the court shall then take such protection measures as not divulging the identity of relevant persons and the adopted technology measures, and the judges may verify such evidence out of the court whenever necessary.

Article 108 For materials issued by the investigation organ on the course of appearance before court and caught of the defendant, the examination shall focus on whether the investigator or the investigation organ issuing such materials has signed and sealed on that.
In case of any doubt on the course of appearance before court and caught, or on any ground for determining that the defendant is of great suspicion, the investigation organ shall be required to make supplementary statement.

Article 109 The following evidence shall be used in a prudent way, and may be admitted if there is any other evidence that can confirm it:
1. The statements, testimony or confessions made by the victim, the witness or the defendant who is physically or mentally defective and has a certain difficulty in cognition and expression of the facts of the case, but having lost his capacity to correctly cognize or express; or
2. The testimony in favor of the defendant made by the witness with kinship or other close relationship with the defendant, or the testimony unfavorable to the defendant made by witness with interest conflict with the defendant.

Article 110 Where the evidence materials proving the surrender, confession and render of meritorious services by the defendant are lack of the seal of the unit(s) accepting the surrender, confession or reveals and reports of crimes by the defendant, or lack of the signature of the accepter, such evidence materials may not be used as basis for deciding case.
Where the defendant or his defender provides facts of and grounds for surrender, confession or render of meritorious services, but the relevant organ fails to confirm so, or though relevant organ puts forward that the defendant has the performance of surrender, confession or render of meritorious services, there are insufficient evidence materials to prove so, then the people's court shall request the relevant organ to provide evidence materials, or request the relevant persons to testify, and then make its determination upon combination with other evidence.

Article 111 The evidence materials proving the defendant is a recidivist or commits drug crime repeatedly shall include such materials as judgment document and release certificate; in case of lack of any material, the people's court shall request the relevant organ to provide so.

Article 112 The examination on whether the defendant at the time of committing the accused crime or at the time of trial has reached the corresponding legal age shall be determined on a comprehensive basis according to such evidence as registered residence certificate, birth certificate document, registration record card, census registration and testimony of the uninterested person.
Where there is insufficient evidence to prove that the defendant has attained the age of 14, 16 or 18, or has not attained the age of 75, the defendant shall be recognized as younger than 14, 16 or 18 or older than 75.

Chapter V Compulsory Measures

Article 113 When hearing a case, the people's court may decide to issue a warrant to compel the appearance of the defendant, order him to obtain a guarantee pending trial, subject him to residential surveillance or arrest him, depending on the situation.
The taking, revocation or change of compulsory measures against the defendant shall be determined by the president of the court.

Article 114 The defendant, who refuses to appear in court upon legal summon or who must be compelled to appear according to the situation of the case, may be issued a warrant to compel the appearance in court.
In case of issuing a warrant to compel the appearance of the defendant, the warrant shall be issued by the president of the court and enforced by at least two judicial police officers.
When compelling the defendant to appear in court, the warrant for compel appearance shall be showed. Restraint implements may be used if the defendant resists the compel appearance after being showed the warrant.

Article 115 In case of compel appearance of the defendant, the duration may not exceed 12 hours; and where the case is extraordinarily serious or complicated and the arrest measures are required to be taken, the duration may not exceed 24 hours. It is forbidden to detain the defendant in disguise by continuous compel appearance. The food and drink and necessary rest time of the person subject to compel appearance shall be guaranteed.

Article 116 Where the defendant is under any of the circumstances as set forth in Paragraph 1 of Article 65 of the Criminal Procedure Law, the people's court may decide to order the defendant to obtain a guarantee pending trial.
Where the defendant is ordered to obtain a guarantee pending trial, the defendant shall be ordered to either provide guarantor or pay guaranteed deposits.

Article 117 Where the following defendant is ordered to obtain a guarantee pending trial, he may order to provide one or two guarantors:
1. Where he is unable to pay the guaranteed deposits;
2. Where he is juvenile, or has attained the age of 75; or
3. Other defendants that the guaranteed deposits are inappropriate to collect from.

Article 118 The people's court shall examine on whether the guarantor meets the statutory conditions. In case of meeting the statutory conditions, the guarantor shall be notified his obligations to be performed, and shall issue a letter of guarantee.

Article 119 Where the defendant ordered to obtain a guarantee pending trial decides to use guaranteed deposits for guarantee, the specific amount of the guaranteed deposits shall be determined in accordance with the provisions of Paragraph 1 of Article 70 of the Criminal Procedure Law, and the defendant or the unit or individual providing guaranteed deposits for the defendant shall be ordered to deposit such guaranteed deposits into the special bank account designated by the public security organs in a lump sum.

Article 120 Where the people's court has announced to order the defendant to obtain a guarantee pending trial, it shall deliver the decision on obtaining a guarantee pending trial and relevant materials to the public security organ at the same level; where the defendant is not a local resident, such decision and materials shall be delivered to the public security organ where the defendant resides for execution.
Where the defendant decides to pay the guaranteed deposits for guarantee, he shall deliver the payment receipt issued by the bank to the public security organ after verifying that the guaranteed deposits have been deposited into the special bank account designated by the public security organ.

Article 121 During the period of the guarantee pending trial of the defendant, where the guarantor is unwilling to continuously perform the guarantee obligations or loses its capacity in performing the guarantee obligations, the people's court shall order the defendant to re-provide guarantor or pay guaranteed deposits, or change the compulsory measures and notify the public security organ responsible for execution, within three days upon receipt of the application of the guarantor or the written notice from the public security organ.

Article 122 Where the defendant who is deemed to have constituted any crime on the basis of the known facts and the provisions of the laws escapes during the guarantee pending trial, if the guarantor assists the escape of the defendant, or the guarantor knows but refuses to provide the information on the hiding place of the defendant to the public security organ, the guarantor shall be legally investigated for criminal liability.

Article 123 Where the people's court finds out that the defendant pays guaranteed deposits for guarantee pending trial violates the provisions of Paragraph 1 and Paragraph 2 of Article 69 of the Criminal Procedure Law, it shall issue the written opinion on confiscation of all or part of the guaranteed deposits and deliver the same together with relevant materials to the public security organ responsible for execution for handling.
The people's court shall, upon receipt of the written notice on completion of confiscation of guaranteed deposits or suggestions on change of compulsory measures from the public security organ, order the defendant to make a statement of repentance, re-pay the guaranteed deposits or provide guarantor, or change the compulsory measures and notify the public security organ, within five days and depending on the situation.
Where the people's court decides to order the defendant being legally confiscated his guaranteed deposits to continuously obtain a guarantee pending trial, the term of guarantee pending trial shall be calculated on a continuous basis.

Article 124 Upon the effectiveness of the judgment and verdict rendered against the defendant subject to guarantee pending trial, where the guarantee pending trial shall be released and the guaranteed deposits shall be turned, if the guaranteed deposits belong to his personal property, the people's court may notify the public security organ in writing to transfer the guaranteed deposits to the people's court for return and compensation to the victim, performance of the compensation obligation under incidental civil action or execution of property-oriented punishment, and the remaining party shall return to the defendant.

Article 125 For defendants under circumstances as provided in Paragraph 1 and Paragraph 2 of Article 72 of the Criminal Procedure Law, the people's court may decide to put him under residential surveillance.
Where the people's court decides to put the defendant under residential surveillance, it shall verify the residence of the defendant; in case of no fixed residence, he shall be put into designated residence.

Article 126 After the people's court announces the decision on residential surveillance of the defendant, it shall deliver the decision on residential surveillance and other relevant materials to the public security organ at the residence of the defendant or at the designated residence at the same level for execution.
After putting the defendant under residential surveillance at designated residence, the people's court shall notify the reasons and residence of residential surveillance of the defendant to his family; in case of being unable to notify, it shall be recorded.

Article 127 Where the people's procuratorate or the public security organ has ordered the suspect to obtain guarantee pending trial or put him under residential residence, and after the case has been brought before the people's court, the defendant needs to be continuously ordered to obtain guarantee pending trial or put under residential surveillance, the compulsory measures taken on the defendant need to be changed, the people's court shall make decision and notify the people's procuratorate or the public security organ within 7 days.
In case of deciding to continue the guarantee pending trial or residential surveillance, the relevant formalities shall be re-completed and the term shall be re-calculated; in case of continuous use of guaranteed deposits for guarantee, no guaranteed deposits may be collected.
The people's court may not repeatedly take such measures as guarantee pending trial and residential surveillance towards the defendant.

Article 128 For defendants under circumstances as provided in Paragraph 1 and Paragraph 2 of Article 79 of the Criminal Procedure Law, the people's court may decide to arrest him.

Article 129 Where the defendant under guarantee pending trial is under any of the following circumstances, the people's court shall decide to arrest him:
1. Where he deliberately carries out new crime;
2. Where he attempts to commit suicide or escape;
3. Where he destroys or forges evidence, disturbs the witness to testify or colludes with others in testification;
4. Where he implements reprisals and retaliation towards the victim, the reporter or the accuser;
5. Where he does not appear in court without justifiable reason upon summon, which affects the normal proceeding of the trial activity;
6. Where he changes his contacts or residence without authorization, which leads to the impossibility of summon and therefore affects the normal proceeding of the trial activity;
7. Where he arbitrarily leaves the city or county he has resided without approval, which affects the normal proceeding of the trial activity, or where he arbitrarily leaves the city or county he has resided without approval for twice;
8. Where he violates the regulations and enters into particular premises, meets or communicates with particular persons, or engages in particular activity, which affects the normal proceeding of the trial activity, or violates relevant regulations for twice; or
9. Other circumstances under which he shall be legally arrested upon decision by the people's court.

Article 130 Where the defendant under residential surveillance is under any of the following circumstances, the people's court shall decide to arrest him:
1. Where he is under any of the circumstance as provided in Paragraph 1 to Paragraph 5 of the preceding Article;
2. Where he arbitrarily leaves the residence where his residential surveillance is executed without approval, which affects the normal proceeding of the trial activity, or where he arbitrarily leaves the residence where his residential surveillance is executed without approval for twice;
3. Where he arbitrarily meets or communicates with others without approval, which affects the normal proceeding of the trial activity, or where he arbitrarily meets or communicates with others without approval for twice;
4. Where the defendant has not been arrested due to having serious illness which leads to being unable to provide for herself, being pregnant or breast-feeding her own baby but now he is healed or the lactation period has expired; or
5. Other circumstances under which he shall be legally arrested upon decision by the people's court.

Article 131 After the people's court has made decision on arrest, it shall deliver the decision on arrest and other relevant materials to the public security organ at the same level for execution, and forward the copy of the decision on arrest to the people's procuratorate. After arresting the defendant, the people's court shall notify the reasons for arrest and the place of detention to his family within 24 hours; in case of being unable to notify, it shall be recorded.

Article 132 The people's court shall question the defendant who is decided to be arrested within 24 hours upon arrest. In case of finding out that the defendant should not be arrested, the people's court shall change the compulsory measure or immediately release him.

Article 133 Where the arrested defendant is under any of the following circumstances, the people's court may change the compulsory measures:
1. Where he has serious illness and cannot provide for herself;
2. Where the criminal is pregnant or is breast-feeding her own baby; or
3. Where the criminal is the only dependent of any person who cannot provide for himself.

Article 134 Where the defendant is ruled to be innocent, bear no criminal liability or be exempted from any criminal punishment by the people's court of first instance, and the defendant is still under detention, the defendant shall be released immediately after announcement of judgment.
Where the arrested defendant is under any of the following circumstance, the people's court shall change the compulsory measure of the defendant or release the defendant:
1. Where the defendant is sentenced to public surveillance, announced probation or sentenced to any single supplementary punishment by the people's court of first instance, and the judgment has not been effective yet;
2. Where the time of detention of the defendant reaches the sentence term decided by the people's court of first instance; or
3. Where the case cannot be ended within the prescribed time limit.

Article 135 Where the people's court decides to change the compulsory measure or release the defendant, it shall immediately deliver the decision on change of compulsory measures or the release notice to the public security organ.

Article 136 Where the people's procuratorate suggests to release or change compulsory measure for the defendant whom the people's court decides to arrest, the people's court shall notify the handling situation to the people's procuratorate within 10 days upon receipt of such suggestion.

Article 137 Where the defendant or his legal representative, immediate relative or defender applies for changing compulsory measures, he shall state the reasons for that. Upon receipt of the application, the people's court shall make decision within three days. In case of agreeing on change of compulsory measures, it shall be handled in accordance with the provisions of these Interpretations; in case of dissenting the same, the people's court shall notify the applicant and state the reasons for that.

Chapter VI Incidental Civil Actions

Article 138 Where the personal rights of the victim has been infringed by the crime or the victim has suffered any material loss due to damages to effects by the criminal, the victim may bring an incidental civil action in the course of criminal litigation; where the victim is dead or has lost his capacity for conduct, his legal representative or immediate relative may bring the incidental civil action for him.
Where the victim is subject to criminal infringement and therefore brings an incidental civil action, or the victim individually brings a civil action to demand compensation for emotional distress, the people's court shall not accept the case.

Article 139 Where the defendant illegally encroaches or disposes the property of the victim, such property shall be legally recovered or the defendant shall be ordered to return the same or make corresponding compensation. Where the victim brings any incidental civil action for that, the people's court shall not accept. The circumstance of the said recovery, return and compensation may be considered as circumstances of sentencing.

Article 140 Where any functionary of a State organ infringes upon the personal rights and property rights of others when exercising his powers, which constitutes any crime, and the victim or his legal representative or immediate relative brings an incidental civil action, the people's court shall not accept the case, but shall notify him to legally apply for State compensation.

Article 141 The people's court may notify the victim or his legal representative or immediate relative about his right to bring an incidental civil action after accepting the criminal case and if the conditions as set forth in Article 99 of the Criminal Procedure Law and the Paragraph 1 of Article 138 of these Interpretations.
Where persons entitled to bring the incidental civil action waive the litigation rights, it shall be allowed and recorded.

Article 142 Where the State property or collective property suffers any loss and the unit suffering loss fails to bring the incidental civil action, therefore the people's procuratorate brings the incidental civil action when bringing the public prosecution, the people's court shall accept the case.
Where the people's procuratorate brings the incidental civil action, it shall be taken as plaintiff of the incidental civil action.
Where the defendant illegally encroaches or disposes the State property or collective property, it shall be handled in accordance with Article 139 hereof.

Article 143 Persons legally responsible for compensation in an incidental civil action include:
1. The defendant of the criminal case and other joint infringers without being investigated for criminal liability;
2. The custodian of the defendant of the criminal case;
3. The inheritor of the criminal sentenced with death penalty;
4. In case of joint crime case, the inheritor of the defendant who is dead before the ending of the trial of case; and
5. Other units and individuals that shall legally bear the liabilities for compensation for the material loss suffered by the victim.
Where the relatives and friends of the defendant in the incidental civil action are willing to pay the compensation on behalf of the defendant, the people's court shall allow so.

Article 144 Where the victim or his legal representative or immediate relative only brings the incidental civil action against some of the joint infringers, the people's court shall notify him that he can bring the incidental civil action against other joint infringers, including those without being investigated for criminal liabilities, except that other criminals of the same joint crime case are at large.
Where the victim or his legal representative or immediate relative waives his litigation right towards other joint infringers, the people's court shall notify him the corresponding legal consequence, and state in the judgment that he has waived the litigation right.

Article 145 The litigation conditions for an incidental civil action are that:
1. The prosecutor meets the statutory conditions;
2. There is explicit defendant;
3. There are specific demands, facts and grounds for requesting compensation; and
4. The case falls into the scope of incidental civil action that can be accepted by the people's court.

Article 146 Where other criminals of a joint crime case are still at large, such other criminals shall not be taken as defendant of the incidental civil action. After such other criminals present before the court, the victim or his legal representative or immediate relative may bring the incidental civil action towards them, except that they have obtained sufficient compensation from other conspirators.

Article 147 The incidental civil action shall be timely brought after the registration of the criminal case.
In case of bringing an incidental civil action, a complaint for the incidental civil action shall be submitted.

Article 148 Where, during the stage of investigation and review and prosecution, persons entitled to bring incidental civil action have put forward the compensation requirement and the parties have reached an agreement through the mediation by the public security organ or the people's procuratorate and fully performed such agreement, and thereafter the victim or his legal representative or immediate relative brings the incidental civil action again, the people's court shall not accept the case, except that there is evidence showing that the mediation is against the principle of willingness and lawfulness.

Article 149 Where the victim or his legal representative or immediate relative brings any incidental civil action, the people's court shall decide on whether to register the case or not within 7 days. In case of meeting the relevant provisions of Article 99 of the Criminal Procedure Law and these Interpretations, the people's court shall accept the case; otherwise, the people's court shall render a ruling on rejection of the case.

Article 150 The people's court shall, after accepting the incidental civil action and within 5 days thereafter, serve the copy of the compliant of the incidental civil action to the defendant of the incidental civil action and his legal representative, or timely notify the defendant of the incidental civil action and his legal representative about the content of oral litigation, and record the same.
When serving the copy of the compliant of the incidental civil action, the people's court shall determine the time for the defendant and his legal representative to submit the answer of the incidental civil action according to the time limit of trial of the criminal case.

Article 151 The parties to the incidental civil action shall be responsible for providing evidence to prove their claims.

Article 152 For case the incidental civil action judgment of which is difficult to be enforced due to the activities or other reasons of the defendant, the people's court may rule to take preservation measures, seal up, seize or freeze the property of the defendant upon the application by the plaintiff to the incidental civil action; where the plaintiff to the incidental civil action fails to file an application, the people's court may take preservation measures whenever necessary.
The persons entitled to bring the incidental civil action may, if it is urgent and his legitimate rights and interests will be subject to irreparable damages if he does not immediately apply for preservation measures, apply to the people's court at the locality of the property to be preserved, at the residence of the applicant or with competence over the case for taking preservation measures before bringing the incidental civil action. Where the applicant fails to bring an incidental civil action within 15 days after the people's court accepts the criminal case, the people's court shall release the preservation measures.
Where the people's court decides to take preservation measures, the relevant provisions of Article 100 to Article 105 of the Civil Procedure Law shall apply, except for the provisions of Paragraph 3 of Article 101 of the Civil Procedure Law.

Article 153 The people's court may mediate the incidental civil action case in accordance with the principles of willingness and legitimacy. Where any agreement is reached upon mediation, a mediation agreement shall be prepared. The mediation agreement will be legally binding upon the parties after both of them have signed such mediation agreement.
Where the mediation has reached agreement and is fully performed immediately, the mediation agreement may not be prepared, but the record of mediation shall be made and have legal force immediately after the signature or seal by the parties, judges and clerks.

Article 154 Where the mediation does not reach an agreement or the parties regret the mediation agreement before signature for receipt, the incidental civil action shall be judged together with the criminal litigation.

Article 155 The judgment of the incidental civil action shall determine the amount that shall be compensated by the defendant in accordance with the material loss caused by the crime act and in combination with the specific situation of the case.
Where the crime act has caused any personal damages to the victim, such reasonable expenses paid for treatment and recovery as medical treatment fee, care fee and transportation fee as well as the income reduced due to delay of work shall be compensated. Where the victim becomes handicapped due to the crime act, the cost for purchase of auxiliary facilities used for the disability life and other related expenses shall also be compensated; in case of death of the victim, the funeral expenses and other related expenses shall be compensated.
In case of driving vehicles to cause any personal injury or death or great damages to private and public property, which constitutes any crime, the compensation liability shall be determined in accordance with the Article 76 of the Road Traffic Safety Law of the People's Republic of China.
Where the parties to the incidental civil litigation reaches mediation or settlement agreement on the civil compensation, the scope and amount of compensation shall not be subject to the limitation as set forth in Paragraph 2 and Paragraph 3.

Article 156 Where the people's procuratorate brings the incidental civil action, and the people's court deems that the defendant of the incidental civil action shall be responsible for compensation according to the laws after trial, the people's court shall rule and order the defendant of the incidental civil action to directly compensate the unit suffering loss; where the unit suffering loss has been terminated but has successor for its rights and obligations, the defendant shall be ordered to compensate the successor; in case of no successor, the defendant shall be ordered to pay the compensation to the people's procuratorate, which shall then submit the same to the national treasury.

Article 157 When hearing the incidental civil action, the people's court shall confirm the defendant's repentance performance in combination with the situation of compensation for loss suffering by the victim by the defendant, and consider the same when sentencing.

Article 158 Where the plaintiff to the incidental civil action refuses to appear before the court upon summon and without justifiable reason, or retreats during court session without permission, it shall be deemed that the plaintiff has withdrawn the case.
Where the defendant to the incidental civil action other than the defendant of the criminal case refuses to appear before the court upon summon and without justifiable reason, or retreats during court session without permission, the incidental civil action may adopt default judgment.

Article 159 The incidental civil action shall be tried with the criminal case, and may only be tried after the judgment of the criminal case only for the purpose of preventing the over-delay of the trial of criminal case, in which case, the incidental civil action shall be tried by the same trial organization on a continuous basis. If any member of the same trial organization cannot indeed participate in the trial on a continuous basis, such member may be replaced.

Article 160 Where the people's court confirms the act of the defendant in the public prosecution case does not constitute any crime, and has mediated any brought incidental civil action but the mediation fails to reach an agreement, then the people's court shall render judgment on the incidental civil action along with the judgment for public prosecution.
For cases of public prosecution that the people's court allows the people's procuratorate to withdraw, the people's court shall mediate any brought incidental civil action; in case of inappropriate for mediation or failure to reach an agreement after mediation, dismissal of prosecution shall be ruled, and the plaintiff to the incidental civil action shall be notified that he can bring a new civil action for that.

Article 161 Where the incidental civil action is not brought during the first instance but during the second instance, the people's court of second instance may legally mediate such action; in case of failure to do so, the people's court shall notify the party bringing such action to bring a civil action after the effectiveness of the criminal judgment or verdict.

Article 162 The people's court shall not charge any litigation fee for trial of incidental civil action.

Article 163 The trial of incidental civil action by the people's court shall be applicable to the relevant provisions of the civil laws in addition to the Criminal Law, the Criminal Procedure Law and the criminal judicial interpretations.

Article 164 Where the victim or his legal representative or immediate relative fails to bring any incidental civil action during the criminal litigation, and thereafter brings a civil action, the people's court may mediate such action, or render judgment on basis of the situation of material loss.

Chapter VII Time Periods, Service and Time Limits of Trials

Article 165 For time periods calculated by month, a month shall be the period from one day of this month to the same day of next month. In case the day when the time period begins is the last day of this month, the period for that day to the last day of next month shall be a month. Where the same day of next month does not exist, the period from a day of this month to the last day of next month shall be a month. Half a month shall be 15 days for the purpose of calculation.

Article 166 Where any party delays due to any irresistible reason or other justifiable causes, and legally applies for continuously conducting the litigation activity that shall be completed before the expiry, and the people's court verifies it to be true after investigation, then the people's court shall rule to allow so.

Article 167 The litigation documents shall be signed for receipt by the recipient upon service. In the absence of the recipient upon service, his adult family member or the person in charge of receiving mails of his employer may receive the same on his behalf.
The date signed on the receipt return by the recipient or the person receiving the same on his behalf shall be the date of service.
Where the recipient or the person receiving the same on his behalf refuses to sign for receipt, the process server may invite eye-witness to present and explain the situation, and state the causes and date of refusal on the service return, which shall then be signed or sealed by the process server or eye-witness, and left the litigation documents at the domicile or employer of the recipient or person receiving the same on his behalf, or left the litigation documents at the domicile of the addressee, and take photos, videos and other methods to record the course of service, such litigation documents shall be deemed to have served.

Article 168 In case of any difficulty in directly serving the litigation documents, the people's court at the locality of the recipient may be entrusted to serve the same, or the litigation documents may be served by mail.

Article 169 In case of entrustment of service, the entrustment letter, the litigation documents to be served under entrustment and the service return receipt shall be mailed to the entrusted court. The entrusted court shall register the same upon receipt, and serve the same to the recipient within 10 days upon receipt, and then mail back the service return receipt to the entrusting court; in case of failure to serve, the entrusted court shall notify the entrusting court, and send back the litigation documents and service return receipt.

Article 170 In case of service by mail, the litigation documents and the service return receipt shall be sent to the recipient by registered mail. The date indicated on the receipt of registered mail shall be the date of service.

Article 171 Where the recipient of the litigation documents is a solder, the litigation documents may be forwarded to him through the politic department of the units at the regimental level or above of the army where he belongs to.
Where the recipient is serving his time, the litigation documents may be forwarded to him through the execution organ.
Where the recipient is under any compulsory education measures, the litigation documents may be forwarded to him through the compulsory education institution.
Where the relevant departments or units are asked to forward the litigation documents, the relevant departments or units shall be urged to deliver the same to the recipient immediately upon receipt, and to timely send back to the people's court the service return receipt.

Article 172 The time limits for trial of the cases under designated jurisdiction shall be from the date when the people's court designated the jurisdiction receives the decision on designated jurisdiction and relevant case files and evidence materials.

Article 173 In case of applying to the people's court at superior level for approval of extension of the time limit for trials, such application shall be reported level by level 15 days prior to the expiry thereof. Where the competent people's court dissents the extension, it shall make the decision five days prior to the expiry of the time limit for trials.
Where the time limit for trial is applied to the Supreme People's Court for approval of extension due to special situation, and the Supreme People's Court approves after examination, the time limit for trial may then be extended one to three months. Where the case still cannot be ended upon expiry of the extended time limit, another application for extension may be filed.

Article 174 During trial, the time for the defendant to complete the forensic psychiatric appraisal shall not be calculated in the time limit for trials.

Chapter VIII Trial Organizations

Article 175 The presiding judge shall be assumed by judge. And the assistant judge shall be nominated by the president of the court and adopted by the judicial committee, and the assistant judge may temporarily act for judge and act as presiding judge.

Article 176 The trial and deliberation of a case shall be conducted by the same collegial panel. When deliberating the case, the members of the collegial panel shall independently deliver their opinions and state reasons. In case of any dissenting opinions, the decision shall be made according to the opinions of the majority, provided that the opinions of the minority shall be kept in record. The deliberation record shall be signed by the members of the collegial panel after they have read and confirmed the same as correct. The deliberation situation shall be kept in confidential.

Article 177 In case of a single judge trial, the judge shall exercise the same powers as those of the presiding judge.

Article 178 Upon trial and deliberation, the collegial panel shall timely render judgment and verdict.
For case proposed to sentence the death penalty or case protested by the people's procuratorate, the collegial panel shall submit the case to the president of the court to submit to the judicial committee for discussion and decision.
For case on which the opinions of the members of the collegial panel have significant difference, case of new kind, case with great social influence and other difficult, complicated or significant cases, where the collegial panel deems it difficult to make the decision, it may submit to the president of the court to submit to the judicial committee for discussion and decision.
The people's assessors may require the collegial panel to submit the case to the president of the court to decide on whether to submit to the judicial committee for discussion and decision.
For case submitted to the president of the court to submit to the judicial committee for discussion and decision, where the president deems it unnecessary, he may suggest the collegial panel to review again.
For case subject to single-judge trial, where the judge deems it necessary, he may submit the case to the president of the court to decide on whether to submit the same to the judicial committee for discussion and decision.

Article 179 The collegial panel and the sole judge shall implement decision of the judicial committee; in case of any dissenting opinions, the collegial panel or the sole judge may suggest the president of the court to submit again the case to the judicial committee for review.

Chapter IX Procedure of First Instance of Cases of Public Prosecution

Section 1 Review and Acceptance and Pre-trial Preparation

Article 180 For any case of public prosecution, the people's court shall, upon receipt of the complaints (in octuplicate, and five more copies for each additional defendant) and the case file and evidence, designate judge(s) to review the following content:
1. Whether it is under the jurisdiction of the court;
2. Whether the complaint has stated the identity of the defendant, whether he has been subject to or is subject to any criminal punishment, the type of compulsory measures that is taken, the place of detention, the time, place, means and consequence of the crime and other circumstances that might affect the conviction and sentencing;
3. Whether the evidence materials proving the facts of the accused crime have been transferred, including the decision on approval of adoption of technology investigation measures and the evidence materials collected by that;
4. Whether the illegal gains or other involved effects of the defendant have been sealed, seized or frozen, and whether the evidence materials proving the relevant effects shall be recovered according to the laws;
5. Whether the name, address and contacts of the victim have been listed; whether there is any attached list of witnesses and appraisers; whether there is any application to the court for notifying the witnesses, appraisers or experts to appear in court, and whether the names, gender, ages, occupations, addresses and contacts of relevant person have been listed; whether there is any attached list of witnesses, appraisers and victims needed to be protected;
6. Where the parties have entrusted defender(s) and/or agent(s) ad litem, or have accepted the legal aid, whether the name(s), address(es) or contact(s) of the defender(s) or agent(s) ad litem have been listed;
7. Whether there is any brought incidental civil action; in case of any brought incidental civil action, whether the names, addresses and contacts of the parties of the incidental civil litigation have been listed; and whether the relevant evidence materials are attached;
8. Whether all types of legal procedures and litigation documents for the investigation and review and prosecution process are complete; and
9. Whether there is any circumstance as set forth in Paragraph under which the criminal liability shall not be investigated.

Article 181 The people's court shall respectively handle the cases of public prosecution upon review on the basis of the following circumstances:
1. In case of cases that are only handled upon complaint, such cases shall be returned to the people's procuratorate and the victim shall be notified on his right to conduct private prosecution;
2. In case of cases not under jurisdiction of the court or which the defendant is still at large, such cases shall be returned to the people's procuratorate;
3. Where any requirement as set forth in Paragraph 2-8 in the preceding article does not meet and any supplementary material is required to be made, the court shall notify the people's procuratorate to make up the same within three days;
4. Where the defendant is announced to be innocent in accordance with Paragraph 3 of Article 195 of the Criminal Procedure Law and the people's procuratorate re-prosecutes on basis of new facts and evidence, the people's court shall legally accept the same;
5. For cases ruling to allow withdrawal in accordance with Article 242 hereof, where a new prosecution without new facts or evidence is brought, the people's court shall return the case to the people's procuratorate;
6. In case of being under any circumstance as set forth in Paragraph 2 to Paragraph 6 of Article 15 of the Criminal Procedure Law, the people's court shall rule on termination of trial or return the case to the people's procuratorate; and
7. Where the real identity of the defendant is unclear, but the provisions of Paragraph 2 of Article 158 of the Criminal Procedure Law are satisfied, the people's court shall legally accept the case.
The review on whether to accept the case of public prosecution or not shall be completed within 7 days.

Article 182 Before trial, the people's court shall complete the following matters:
1. To determine the presiding judge and members of the collegial panel;
2. To serve the copy of the complaint to the defendant and the defender 10 days before trial;
3. To notify the parties or their legal representatives, defenders or agents ad litem to provide the list of witnesses and appraisers and the evidence proposed to showed in court five days prior to the trial; in case of application for the appearance of any witness, appraiser or expert in court, the name, gender, age, occupation, address and contacts of each of them shall be listed;
4. To notify the people's procuratorate the time and place of trial three days before trial;
5. To serve the summons for summon of the parties and the notice to notify the defender, agent ad litem, legal representative, witness, appraiser and other persons needed to appear in court three days before trial; in case of notifying relevant persons to appear in court, telephone, text message, fax, email and other methods that can ensure the receipt by the other party may be adopted; and
6. In case of cases of public trial, to publish the causes of action, name of defendant and time and place of trial three days before trial.
The said work situation shall be recorded.

Article 183 Where the case is under any of the following circumstances, the judges may convene a pre-trial conference:
1. Where any party or his defender or agent ad litem applies for exclusion of illegal evidence;
2. Where the number of evidence materials is relatively large and the details of the case are significant and complicated;
3. With great social influence; or
4. Other circumstances under which the convention of pre-trial conference is required.
In case of convention of pre-trial conference, the defendant may be notified to participate on basis of the situation of the case.

Article 184 When convening the pre-trial conference, the judges may understand the situation from the defender and the prosecutor and hear their opinions on the following issues:
1. Whether they have any objection on the jurisdiction of the case;
2. Whether they need to apply for withdrawal of relevant persons;
3. Whether they need to apply for obtaining the evidence materials collected by the public security organ or the people's procuratorate during the investigation and examination and prosecution period but did not transfer with the case, which can prove the innocence or pettiness of the crime of the defendant;
4. Whether they have new evidence to provide;
5. Whether they have any objection towards the list of witnesses, appraisers or experts to appear in court;
6. Whether they need to apply for exclusion of illegal evidence;
7. Whether they need to apply for trial in private; and
8. Other issues relating to the trial.
The judge can inquire whether the defender and the prosecutor have any objection towards the evidence materials, and in case of any objected evidence, such evidence shall be under major investigation at trial; in case of no objection, the proof and cross-examination at trial may be simplified.
Where the victim or his legal representative or immediate relative brings any incidental civil action, such action may be mediated.
A record of the situation of pre-trial conference shall be made.

Article 185 Before trial, the collegial panel may formulate the court trial outline, which generally include the following content:
1. Labor division of the members of the collegial panel at trial;
2. Key points of the crime facts accused in the complaint and the key points in determination of the nature of the case;
3. Key points needed to be understood when inquiring the defendant;
4. The list of witnesses, appraisers, experts and investigators that need to be appear in court;
5. The catalogue of evidence applied to be showed in court by the defender and the prosecutor; and
6. Problems that might occur in the trial and countermeasures.

Article 186 The trial of the case shall be conducted in public.
Where the case involves any State secret or personal privacy, the case shall be tried in private; where the case involves any trade secret and the parties applies for trial in private, the court may decide to try the case in private.
No body may audit any case tried in private, unless otherwise provided by the laws.

Article 187 The psychiatrists, intoxicated persons, juveniles without approval by the people's court and other persons inappropriate for audition may not audit the hearing of the case.

Article 188 Where the victim or his agent ad litem does not appear in court upon summon or notice, and his absence does not affect the trial, the people's court may try the case.
Where the defender does not appear in court upon notice and the defendant agrees to commence trial, the people's court may commence trial, provided that the defendant is under circumstance requiring legal aid.

Article 189 Before trial, the clerk shall complete the following work by sequence:
1. Under the entrustment by the presiding judge, to investigate whether the public prosecutor, the parties, the witnesses and other litigation participants have appeared in court;
2. To read the court rules;
3. To invite the public prosecutor and relevant litigation participants to enter into the court;
4. To invite the presiding judge and judge (people's assessors) to enter into the court; and
5. After the judges seated, to report to the presiding judge that all preparation work before trial has been completed.

Section 2 Announcement of Court in Session and Court Investigation

Article 190 After announcement of court in session and summoning the defendant to appear in court, the presiding judge shall investigate the following situation of the defendant:
1. The name, birth date, nation, place of birth, education background, occupation and address of the defendant, or the name, domicile and name and title of litigation representative of the defendant units;
2. Whether he has been subject to any legal punishment, and the type and time of punishment;
3. Whether he has been taken any compulsory measures, and the type and time of compulsory measures; and
4. The date of receipt of copy of the complaint; in case of any incidental civil action, the date of receipt of the complaint of the incidental civil action by the defendant to the incidental civil action.
Where the number of defendants is relatively large, the investigation of the said situation may be completed before trial, provided that the presiding judge shall make description thereof when announcing the court in session.

Article 191 The presiding judge shall announce the source of case, the cause of action of litigation, the names of the parties of the incidental civil action and whether the trial is in public or in private; in case of trial in private, the reasons thereof shall be announced.

Article 192 The presiding judge shall announce the list of members of the collegial panel, clerks and public prosecutor, and the list of defender, appraiser, translator and other litigation participants.

Article 193 The presiding judge shall notify the parties and their legal representatives, defenders and agents ad litem that they may enjoy the following litigation rights in the course of trial in court:
1. They may apply for withdrawal of any member of the collegial panel, clerk, public prosecutor, appraiser and translator;
2. They may put forward evidence, apply for notifying new witness to appear in court and obtaining new evidence, and apply for re-appraisal, inquests or examination;
3. The defendant may conduct self-defence; and
4. The defendant may make his final statement upon the ending of court debate.

Article 194 The presiding judge shall question the parties and their legal representatives, defenders and agents ad litem whether they will apply for withdrawal, and if, who shall be withdrawn and the reasons for application for withdrawal.
Where any party or his legal representative, defender or agent ad litem applies for withdrawal, it shall be handled in accordance with the relevant provisions of the Criminal Procedure Law and these Interpretations.
The presiding judge shall announce the decision on approval or refusal of the application for withdrawal, and state the reasons. If necessary, such decision and reasons may be announced by the president of the court in court.

Article 195 After the presiding judge announces the commencement of court investigation, the public prosecutor shall read the complaint first; in case of any incidental civil action, the plaintiff of the incidental civil action or his legal representative or agent ad litem shall read the complaint of the incidental civil action.

Article 196 Where the complaint accuses two or more crime facts of the defendant, the court investigation in general shall be conducted respectively.

Article 197 Under the host of the presiding judge, the defendant and the victim may make respective statement on the crime facts accused in the complaint.

Article 198 Under the host of the presiding judge, the public prosecutor may question the defendant with respect to the crime facts accused in the complaint.
Upon permission by the presiding judge, the victim and his legal representative and agent ad litem may make any supplementary question on the crime facts questioned by the public prosecutor; the plaintiff of the incidental civil action and his legal representative and agent ad litem may question the defendant on facts concerning the incidental civil action; the legal representative and defender of the defendant and the defendant of the incidental civil action and his legal representative and agent ad litem may question the defendant of the criminal case after the prosecuting side completes the questioning of any question.

Article 199 The questioning of defendants of the same case tried in court shall be conducted respectively. If necessary, other defendants of the same case may be summoned for confrontation in court.

Article 200 Upon permission of the presiding judge, the prosecutor and the defender may question the victim and the plaintiff of the incidental civil action.

Article 201 The judges may question the defendant, and whenever necessary, may question the victim and parties of the incidental civil action.

Article 202 The prosecutor may ask the presiding judge to notify the witness or appraiser to testify in court, or show evidence. The victim and his legal representative and agent ad litem, the plaintiff of the incidental civil action and his agent ad litem may also put forward application.
After offering evidence by the prosecuting side, the defendant and his legal representative and agent ad litem may ask the presiding judge to notify the witness or appraiser to testify in court, or show evidence.

Article 203 Where the prosecutor and the defender apply for testification and showing evidence by witness, the name and source of and the facts proposed to prove by the evidence shall be explained. Where the court deems it necessary, the court shall allow; where the other party raises any objection and considers that any relevant evidence is irrelevant to the case or obviously repeated or unnecessary, and the objection is established upon examination by the court, the court may not allow such application.

Article 204 For evidence that has been transferred to the people's court, where the prosecutor and the defender need to show the evidence, they may apply to the court. Where the court approves such application, the court shall direct the bailiff on duty to show or play the evidence; where the evidence needs to be read, the bailiff on duty shall submit the same to the applicant to read.

Article 205 Where the public prosecutor, the parties or the defender or agent ad litem raises any objection to the testimony of witness which has significant influence on the conviction and sentencing, or raises any objection to the forensic appraisal opinions and applies to the court for notifying witness or appraiser to testify in court and the court deems it necessary, the court shall notify the witness or appraiser to appear in court; in case of impossibility to testify or refusal of the witness or appraiser to appear in court, the court shall timely notify the applicant.

Article 206 Where the witness is under any of the following circumstances and therefore is unable to testify in court, the people's court may allow him not to appear in court:
1. Where he gets serious illness or has great convenience in action during trial;
2. Where his residence is far from the place of court and the transportation is extremely inconvenient;
3. Where he is abroad and unable to get back to China in a short term; and
4. Where he has other objective reasons and is indeed unable to appear in court.
Where he is under any of the following circumstances, he may testify by video or other methods.

Article 207 The people's court shall subsidize the transportation, lodging and meal expenditure of the witness for testifying in court.

Article 208 In case of compulsory testimony of witness, the president of the court shall issue the order for compulsory testimony of witness.

Article 209 For the trial of cases concerning crime of endangering state security, crime of terrorist activity, organization crime in the nature of gang and drug crime and other similar cases, where the personal safety of witness, appraiser or victim or his immediate relative is facing any danger due to the testification of the witness, appraiser or victim in court, the people's court shall take such protection measures as keeping in confidential his real name, address and work unit as well as other personal information, or covering his appearance or changing his voice.
During trial, where the witness, appraiser or victim requests protection, the people's court shall immediate examine such request; and where the court deems it necessary to take protection measures, it shall timely decide to take corresponding protection measures.

Article 210 Where the protection measure of keeping in confidential the personal information of the witness, appraiser or victim that testifies in court is determined to be taken, the judges shall verify his status before court, and the guarantee letter of the witness or appraiser on true testification may not be disclosed, and pseudonym and other measures may be used to replace his personal information in the judgment, verdict and other legal documents.

Article 211 After the witness or appraiser appears in court, the judge shall examine his status, relationship with the parties and the case, and notify him the rights, obligations and liabilities in connection with testification.
Before testification by the witness or appraiser, he shall guarantee to the court that he will truly provide testimony and explain the forensic appraisal opinions, and sign on the guarantee letter.

Article 212 The questioning of witness or appraiser shall be first conducted by the party applying for the appearance of him in court, and then, under the permission of the presiding judge, the other party may also question him.

Article 213 The questioning of witness shall follow the following rules:
1. The content of question shall be relevant to the facts of the case;
2. No leading question;
3. No threat to the witness; and
4. No damage to the human dignity of the witness.
The preceding provisions shall apply to the inquiry and questioning of the defendant, victim, parties to the incidental civil action, appraiser and expert.

Article 214 Where the questioning or questioning method of the prosecutor or the defender is improper, or the content of questioning is irrelevant to the case, the other party may raise objection and apply to the presiding judge for curbing so, and the presiding judge shall determine to approve or overrule on the basis of situation; where the other party fails to raise any objection, the presiding judge may also curb the same on the basis of the specific situation.

Article 215 Whenever he deems necessary, the judge may question the witness, appraiser or expert.

Article 216 The questioning of witness, appraiser or expert shall be conducted respectively. After the prosecutor or the defender or the judge has questioned the witness, appraiser or expert, the presiding judge shall notify him to withdraw from the court.
No witness, appraiser or expert may audit the hearing of the case.

Article 217 Where the public prosecutor, the parties and their defenders and agents ad litem apply to the court for notifying experts to appear in court to give opinions on the forensic appraiser opinions, he shall explain his reasons. Where the court deems it necessary, it shall notify such expert to appear in court.
Two experts at most may be applied for appearing in court. In case of several forensic appraisal opinions, the number of persons may be increased correspondingly.
The appearance of expert in court shall apply to relevant provisions on appearance of appraiser in court.

Article 218 After the offering party shows the evidence in court, the other party shall conduct identification and issue opinions. The defender and the prosecutor may mutually question each other and debate.

Article 219 Where the evidence showed in the court has not been transferred to the people's court, such evidence shall be transferred to the court after cross-examination.

Article 220 Where the court has any doubt on the evidence, it may notify the public prosecutor, the parties and their legal representatives, defenders and agents ad litem to provide supplementary evidence or make explanation; if necessary, the court may announce adjournment and investigate and verify the evidence.
The evidence supplemented by the public prosecutor, the parties and their legal representatives, defenders and agents ad litem and obtained by the out-of-court investigation and verification may only be used as basis for deciding case after cross-examination at court, except for those which the defender and the prosecutor both agree on when the court seeks for their opinions out of the court.
The relevant situation shall be recorded.

Article 221 Where the public prosecutor applies for showing evidence that has not been transferred to the people's court before trial and the defender raises objection, the presiding judge shall require the public prosecutor to explain; where the grounds are established and it is necessary to show such evidence, the court shall allow it.
Where the defender proposes to get prepared for the defence on the new evidence, the court may announce adjournment and determine the time for preparation for defence.
Where the defender applies for showing evidence not submitted before trial, the preceding two paragraphs shall be referred.

Article 222 Where the parties and their defenders or agents ad litem apply for notifying new witness to appear in court or obtaining new evidence, or apply for re-appraisal or re-inquest during the trial, the name of the witness and the location of storage of evidence shall be provided and the facts of the case proposed to be proved and the reasons for request for re-appraisal or re-inquest shall be stated. Where the court deems it necessary, it shall approve and announce trial in delay; in case of disapproval, the court shall state reasons for that and continue the trial.
Where the cases requiring for delay in trial meet the provisions as set forth in Paragraph 1 of Article 202 of the Criminal Procedure Law, such cases may be submitted to the people's court at superior level for approval of extension of the time limit of trial.
Where the people's court agrees on application for re-appraisal, it shall timely entrust appraisal and notify the forensic appraisal opinions to the people's procuratorate, the parties and their defenders and agents ad litem.

Article 223 During trial, where the public prosecutor finds out that the case needs supplementary investigation and suggests for delay in trial, the collegial panel shall agree, but such suggestion for delay in trial may not be more than twice.
Where the people's procuratorate transfers the collected supplementary evidence to the people's court, the people's court shall notify the defender and agent ad litem to consult, extract and copy.
Upon expiry of the period for supplementary investigation, where the people's procuratorate fails to transfer the case to the people's court upon notice by the court and fails to state the reasons, the people's court may decide that the people's procuratorate has withdrawn its complaint.

Article 224 Where the people's court obtains the evidence materials needed to be verified from the people's procuratorate, or the people's court obtains the evidence materials proving the innocence or pettiness of crime of the defendant that is collected by the people's procuratorate during the period of investigation and review and prosecution in accordance with the application by the defendant or his defender, the people's court shall notify the people's procuratorate to transfer such evidence materials within three days upon receipt of the decision on obtaining evidence materials.

Article 225 During trial, the facts and evidence in connection with sentence shall be investigated.
The people's court shall examine the following circumstances affecting the sentence in accordance with the case situation in addition to the examination of whether the defendant has any statutory sentence circumstance:
1. Cause of the case;
2. Whether the victim has any fault and the degree of fault, and whether the victim shall be accountable for escalation of dispute and the extent of accountability;
3. Whether the immediate relative of the defendant has assisted in catching the defendant;
4. The ordinary performance of the defendant and whether the defendant has any penitence attitude;
5. The situation on surrender of ill-gotten gains, restitution and compensation;
6. Whether the defendant has obtained the forgiveness from the victim or his relative; and
7. Other circumstances affecting the sentence.

Article 226 During trial, where the collegial panel finds out that the defendant may have such statutory sentence circumstances as surrender, confession and render of meritorious service, and there is no relevant evidence material in the case file transferred by the people's procuratorate, it shall notify the people's procuratorate to transfer such material.
During trial, where the defendant gives any new clue for render of meritorious service, the people's court may suggest the people's procuratorate to make supplementary investigation.

Article 227 For cases which the defendant confesses his crime, after confirming that the defendant knows the crime facts and charges accused in the complaint and is willing to confess his crime and is notified the legal consequence of his crime, the court investigation may focus on the sentence and other disputed problems.
For cases which the defendant does not confess his crime or the defender does not plead guilty, the court investigation shall first investigate the crime facts and then the relevant facts for sentence.

Section 3 Debate in Court and Final Statement

Article 228 Where the collegial court deems that the facts of the case are clear upon investigation, the presiding judge shall announce the ending of the court investigation, and the commencement of the court debate with respect to the conviction, facts for sentence, evidence and application of laws and other issues.

Article 229 The court debate shall be hosted by the presiding judge and proceed by the following sequence:
1. The public prosecutor makes statements;
2. The victim and his agent ad litem make statements;
3. The defendant conducts self-defence;
4. The defender conducts defence; and
5. The defender and the prosecutor debate.

Article 230 The people's procuratorate may put forward suggestions on sentence and state reasons for that, and the sentence suggestions shall generally have an extent for sentence. The parties and their defenders and agents ad litem may put forward suggestions on sentence and state reasons.

Article 231 For cases which the defendant confess his crime, the defender and the prosecutor may be guided to focus on the debate of the sentence and other disputed issues during the court debate.
For cases which the defendant does not confess his crime or the defender pleads not guilty, the defender and the prosecutor may be guided to first debate the conviction and then the sentence.

Article 232 The debate of the incidental civil action shall be conducted after the ending of the debate of the criminal case, and the plaintiff of the incidental civil action and his agent ad litem shall first make statements, and the defendant of the incidental civil action and his agent ad litem shall then answer.

Article 233 During the court debate, the presiding judge shall fully hear the opinions of the defender and the prosecutor, and remind the defender and the prosecutor of or stop them making any statement irrelevant to the case, repeated statement or statement accusing the other party.

Article 234 During the court debate, where the collegial finds out any new fact relevant to the conviction and sentence, and it is necessary to investigate, the presiding judge may announce suspension of debate and resume the court investigation, and continue the debate after investigation of the new fact.

Article 235 After the presiding judge has announced the ending of court debate, the collegial shall guarantee that the defendant will fully exercise the right of final statement. Where the defendant keeps repeating his opinions in his final statement, the presiding judge may put a stop to it. Where there is any speaking in contempt of the court or the public prosecutor, damaging the interests of others and the social public, or irrelevant to the case, the presiding judge shall put a stop to it.
In cases hearing in public, where the content of the final statement of the defendant involves State secret, personal privacy or trade secret, the presiding judge shall put a stop to it.

Article 236 Where the defendant puts forward any new fact or evidence in his final statement, the collegial court deems it may affect the correct judgment, it shall resume the court investigation; where the defendant puts forward any new exculpation reason, the collegial court deems it may affect the correct judgment, it shall resume the court debate.

Section 4 Deliberation of Case and Announcement of Judgment

Article 237 After the final statement of the defendant, the presiding judge shall announce adjournment and the collegial panel shall deliberate.

Article 238 All activities of the trial in public shall be recorded by the clerk; the record shall be respectively signed by the presiding judge and the clerk after the presiding judge reads the record.

Article 239 The court record shall be delivered to the parties, legal representative, defender or agent ad litem after trial for consultation, or read to them.
The testimony or opinions provided by the witness, appraiser or expert appearing in court in the court record shall be respectively delivered to relevant persons for consultation, read to them.
Where any person as listed in the preceding two paragraphs deems that there is any omission or mistake in the record, he may request for supplement or correction; and if the record is correct, he shall sign on that; in case of refusal to sign, it shall be recorded; in case of any request to change any statement made in the trial, such request shall be forbidden.

Article 240 When deliberating the case, the collegial shall determine whether the defendant is guilty or not, what crime has been constituted, whether there is any circumstance for heavier, lesser, mitigated or exemption of punishment, whether criminal punishment shall be sentenced and which criminal punishment shall be sentenced, how to rule on the incidental civil action, and how to deal with the sealed, seized or frozen effects and their fruits in accordance with the found facts, evidence and relevant provisions of the laws and on basis of full consideration of the opinions of the defender and the prosecutor, and legally render the judgment and verdict.

Article 241 For cases of public prosecution of first instance, after the trial of the people's court, the judgment and verdict shall be rendered in accordance with the following circumstances:
1. Where the facts accused in the prosecution are clear and the evidence is confirmed and sufficient, and the accused charges toward the defendant are found to have constituted according to the laws, then a guilty verdict shall be rendered;
2. Where the facts accused in the prosecution are clear and the evidence is confirmed and sufficient, but the accused charges are inconsistent with the charges found after trial, then a guilty verdict on the charge found after trial shall be rendered;
3. Where the facts of the case are clear and the evidence is confirmed and sufficient, and the defendant shall be found as innocent according to the laws, then the defendant shall be announced to be not guilty;
4. Where the evidence is not sufficient enough to find the guilty of the defendant, the defendant shall be announced to be not guilty due to insufficient evidence to find the accused crime;
5. Where only part of the facts of the case is clear and the evidence is confirmed and sufficient, a verdict on guilty or not guilty shall be rendered; and the part with unclear facts and insufficient evidence shall not be recognized;
6. Where the defendant is exempted from criminal punishment due to the fact that he is less than 16, the defendant shall be announced to be exempted from any criminal liability;
7. Where the defendant is a mental patient and causes the dangerous consequence when he cannot identify or control his own activity, and therefore no criminal punishment is given to him, the defendant shall be announced exemption from any criminal liability;
8. Where the limitation period for crime prosecution has expired and it is not necessary to prosecute the crime, or the crime has been exempt from criminal punishment by the decree of special pardon, the verdict on termination of trial shall be rendered; and
9. Where the defendant is dead, the verdict on termination of trial shall be rendered; where the defendant can be confirmed to be not guilty in accordance with the found facts of the case and the found evidence, the defendant shall be announced to be not guilty.
In case of the circumstance as provided in Paragraph 2, the people's court shall hear the opinions of the defender and the prosecutor before judgment so as to safeguard the defendant and the defender to fully exercise their defence right. The court may be reconvened whenever necessary to organize the defender and the prosecutor to debate on what crime the activity of the defendant has constituted.

Article 242 Before announcement of judgment, where the people's procuratorate demands to withdraw the prosecution, the people's court shall review the reasons for withdrawal and then render verdict on whether to allow or not.

Article 243 During the trial, where the people's court finds out new facts which might affect the conviction, it may suggest the people's procuratorate to make supplement or change the litigation; where the people's procuratorate disagrees or fails to reply the opinions within seven days, the people's court shall render judgment and verdict with respect to the crime facts accused by the prosecution in accordance with Article 241 of these Interpretations.

Article 244 For cases accepted in accordance with Item 4, Paragraph 1 of Article 181 of these Interpretations, the people's court shall state in the judgment that the defendant has been prosecuted by the people's procuratorate and the crime is found to be groundless due to lack of evidence, and therefore the people's court announces the defendant to be not guilty; and the judgment of the previous case rendered in accordance with Paragraph 3 of Article 195 of the Criminal Procedure Law shall not be revoked.

Article 245 The members of the collegial panel shall sign on the deliberation record, and execute on the written judgment and verdict and other legal documents.

Article 246 The judgment documents shall state the ground for judgment, explain the judgment, reflect the opinions of the defender and the prosecutor, and provide reasons on acceptance or non-acceptance.

Article 247 In case of announcement of judgment in court, the written judgment shall be served within five days. In case of announcement judgment on a future date, the time and place of judgment shall be first announced before announcement of judgment, and the parties shall summoned for and the public prosecutor, legal representative, defender and agent ad litem shall be notified about the announcement of judgment; after the announcement of judgment, the written judgment shall be immediately served.
The written judgment shall be served to the people's procuratorate, the parties, legal representative, defender and agent ad litem, and may be served to the immediate relative of the defendant. Upon effectiveness of the judgment, the written judgment shall also be served to the employer of the defendant, or the local police station at the original registered residence of the defendant, or the registration authority of the employer of the defendant.

Article 248 In all cases, judgments shall be pronounced publicly. Where the public prosecutor, the defender, the agent ad litem, the victim, the private prosecutor or the plaintiff of the incidental civil action does not appear in court, the announcement of judgment shall be continued to proceed.
When announcing the judgment, all persons within the court shall arise.

Section 5 Court Disciplines and Other Provisions

Article 249 During trial, the litigation participants and auditors shall comply with the following discipline:
1. To obey the court direction and comply with the court courtesy;
2. No applause, noise, stir or wander in the court;
3. They may not tape, record or photo the court activities, or broadcast the trial situation by means of mail, blog, micro blog or other means, except for journalists permitted by the people's court;
4. The auditors may not speak or question; and
5. No other activities disturbing the court order may be carried out.

Article 250 During trial, where any litigation participant or auditor disturbs the court order, the presiding judge shall respectively deal with it in accordance with the following circumstances:
1. In case of a less serious circumstance, the presiding judge shall warn him and put a stop to it, and reprimand him;
2. In case of failing to stop, the presiding judge may order the bailiff to take him out of court by force;
3. In case of serious circumstance, upon approval by the president of the court after report by the presiding judge, the presiding judge may give a fine of not more than RMB1, 000 to the wrongdoer or put him under detention for not more than 15 days; or
4. Where such participant or auditor takes tape, video or photo, or broadcasts the court trial situation by mail, blog, micro blog or other means without permission, his storage medium or relevant equipment may be detained temporarily.
Where the litigation participant or auditor does not accept the fine or detention, he may apply to the people's court at superior level for review directly, or through the people's court deciding such fine or detention. In case of making application through the people's court deciding such fine or detention, such people's court shall submit the review application, decision on fine or detention and relevant facts and evidence materials to the people's court at superior level for review within three days upon receipt of the review application. However, the execution of the fine or detention shall not be suspended during the period of review.

Article 251 Where the lawyer serving as defender or agent ad litem seriously disturbs the court order and is taken out of the court by force, fined or detained, the people's court shall circulate the judicial administrative authority and may suggest the latter to legally give corresponding punishment.

Article 252 Whoever assembles a crowd to make an uproar or charges into the courtroom, or humiliates, slanders, intimidates or beats up judicial officers or participants in the proceedings, thereby seriously disturbing the order of the courtroom, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 253 Where the defender seriously disturbs the court order and is taken out of the court by force, fined or detained, and the defendant makes his own defence, the trial shall continue; where the defendant demands to otherwise entrust defender, or the defendant is under circumstance where legal aid shall be provided, the presiding judge shall announce adjournment.

Article 254 Where the defendant refuses the defence by the defender in court and requires to otherwise entrust defender or appoint lawyer, the collegial panel shall allow. Where the defendant refuses the defence by the defender, and there is no defender, the collegial panel shall announce adjournment; in case of any defender, the court trial may continue.
In case of cases with several defendants or more, where some of the defendants refuse the defence by the defender and there is no defender, then such defendants may be tried in separate prosecution on the basis of the situation of the case, and the trial on other defendants shall continue.
Where the defendant again refuses the defence by the defender after re-opening of the court, the court may allow, provided that the defendant may not entrust defender or request appointment of other lawyer again; in the case, the defendant shall defend for himself.
Where the defendant is under circumstance which the legal aid shall be provided, and he again refuses the defence by the defender in court after re-opening of the court, the court shall not allow so.

Article 255 During trial, where the defender refuses to defend for the defendant, the court shall allow such refusal; whether to continue the trial shall refer to the provisions of the preceding Article.

Article 256 Where defender or lawyer is otherwise entrusted or appointed in accordance with the preceding two Articles, the defender shall prepare the defence from the date of announcement of adjournment of the case to the fifteenth day thereafter, provided that the defendant and his defender are willing to shorten the period.

Article 257 In case of cases of several defendants or more, some of the defendants are under circumstance as provide in Paragraph 1 of Article 200 of the Criminal Procedure Law, the people's court may suspend the trial of the whole case, or may suspend the trial of such defendants and continue the trial of other defendants according to the situation of the case.
Such defendants subject to suspension of trial may be handled in separate prosecution on basis of the case situation.

Article 258 Where the people's procuratorate deems that the trial of the people's court has violated any statutory procedure, it may put forward written opinions on correction after trial; where the people's court deems it correct, it shall accept such opinions.

Chapter X Procedure of First Instance of Cases of Private Prosecution

Article 259 The cases of private prosecution to be accepted by the people's court must meet the following conditions:
1. Meeting the provisions of Article 204 of the Criminal Procedure Law and Article 1 hereof;
2. Under the jurisdiction of the court;
3. Where the victim has complained; and
4. Having explicit defendant, specific litigation request and evidence proving the crime facts of the defendant.

Article 260 In cases as provided in Article 1 hereof, where the victim dies, loses his capacity for conduct or is unable to file complaint due to being threatened or subject to force, or where the victim is a person with limited capacity or is old, ill, deaf, blind or mute and therefore he cannot file the complaint by himself, and in the case, his legal representatives or immediate relatives file complaint by themselves or on behalf of him, then the people's court shall legally accept such complaint.
Where the legal representative or immediate relative of the victim files complaint or files complaint on behalf of the victim, he shall provide the proof evidencing his relation with the victim and the reasons why the victim cannot file complaint by himself.

Article 261 In case of bringing any private prosecution, a criminal complaint for private prosecution shall be submitted; in case of bringing the incidental civil action in the same time, the complaint for the incidental civil action shall be submitted.

Article 262 The complaint for private prosecution shall include the following content:
1. The names, gender, ages, nations, places of birth, education background, occupations, employers, addresses and contacts of the private prosecutor (the person prosecuted on behalf of him) and the defendant;
2. The time, place, measure, story and harmful consequence of the crime implemented by the defendant;
3. Specific litigation claims;
4. The people's court to be sent and the time of accusation;
5. The name and source of evidence, etc. ; and
6. The name, address and contacts of the witness, etc.
Where the complaint is against two or more defendants, copies of complaint corresponding with the number of defendants shall be provided.

Article 263 The people's court shall complete the review of cases of private prosecution within 15 days. Upon review, if the reviewed case meets the conditions for acceptance, the people's court shall decide to register the case, and notify the private prosecutor or person prosecuted on behalf of him in writing.
Under any of the following circumstances, the people's court shall convince the private prosecutor to withdraw the complaint; if the private prosecutor does not withdraw the complaint, the people's court shall render a verdict on non-acceptance:
1. Where the case is not any case provided in Article 1 hereof;
2. Where there lacks of evidence for crime;
3. Where the limitation period for criminal prosecution has expired;
4. Where the defendant is dead;
5. Where the whereabouts of the defendant are unknown;
6. Where the private prosecutor files complaint after withdrawal of complaint with respect to the same fact, except for withdrawal of complaint due to lack of evidence; or
7. Where the private prosecutor regrets after closing the case by mediation by the people's court and then files complaint with respect to the same fact.

Article 264 Where the private prosecutor cannot provide supplementary evidence for the established cases of private prosecution lack of evidence upon review, the people's court shall convince the private prosecutor to withdraw complaint or render a verdict on dismissal of case; where the private prosecutor puts forward new evidence sufficient enough to prove the guilty of the defendant after withdrawal of complaint or dismissal of case and then re-files a complaint, the people's court shall then accept such complaint.

Article 265 Where the private prosecutor does not accept the verdict on non-acceptance or dismissal of case, he may appeal.
Where the people's court of second instance finds out that it is wrongful for the people's court of first instance to render the verdict on non-acceptance after investigation, the people's court of second instance shall direct the people's court of first instance to register and accept the case when revoking the original verdict; where the people's court of second instance finds out that it is wrongful for the people's court of first instance to render the verdict on dismissal of case, the people's court of second instance shall direct the people's court of first instance to hear the case when revoking the original verdict.

Article 266 Where the private prosecutor knows there are other joint infringers but only brings the litigation towards part of the infringers, the people's court shall accept, and notify him about the legal consequence of his waiver to complain; where the private prosecutor first waives to file complaint against other infringers but do so after announcement of judgment, the people's court shall not accept such complaint.
Where only part of the joint victims file complaint, the people's court shall notify other victims to participate in the litigation, and notify the legal consequence of non-participation in the litigation to other victims. Where the notifying party expresses not to participate in the litigation or appear in court upon receipt of notice, such party shall be deemed to have waived his right. Where the notifying party files any private prosecution with respect to the same fact after announcement of judgment of the first instance, the people's court shall not accept. However, if the parties otherwise bring any civil action, such action shall not be restricted by these Interpretations.

Article 267 Where the defendant implements two or more crime activities, which respectively falls into the scope of case of public prosecution and case of private prosecution, the people's court may consolidate the case for trial. The trial of the private prosecution shall be applicable to the provisions of this Chapter.

Article 268 Where any party to the case of private prosecution cannot obtain any evidence due to any objective reason, and thus applies to the people's court for obtaining, he shall state reasons and provide relevant clues or materials. Where the people's court deems it necessary, it shall timely obtain such evidence.

Article 269 The cases of private prosecution with clear crime facts and sufficient evidence shall be heard in court.

Article 270 Where any case of private prosecution meets the conditions for application of summary procedure, the summary procedure may be adopted for trial of such case.
Cases of private prosecution inappropriate for trial by summary procedure shall refer to the relevant provisions of the general procedure of first instance of cases of public prosecution.

Article 271 When hearing the cases of private prosecution, the people's court may mediate the same on basis of finding the facts and distinguishing right from wrong and in accordance with the principles of willingness and legitimacy. Where the mediation reaches any agreement, the criminal mediation agreement shall be prepared, and signed by the judge and clerk, and sealed with the stamp of the people's court. The mediation agreement will be legally binding upon the parties after both of them have signed such mediation agreement. In case no mediation agreement is reached, or any party regrets before signing for receipt of the mediation agreement, the people's court shall then timely render the judgment.
The cases as provided in Paragraph 3 of Article 204 of the Criminal Procedure Law shall not be applicable to mediation.

Article 272 Before announcement of judgment, the parties to the case of private prosecution may settle the case by themselves, and the private prosecutor may withdraw the private prosecution.
Where the people's court considers that the settlement and withdraw from private prosecution are indeed out of willingness upon examination, in the case, the people's court shall verdict on approval; in case of considering it is out of force or threat instead of unwillingness, the people's court shall not verdict to approve.

Article 273 For case which is allowed to withdraw by verdict or the parties settle themselves, if the defendant is taken compulsory measures, the people's court shall immediately release such compulsory measures.

Article 274 Where the private prosecutor refuses to appear in court without justifiable reason upon two summons, or withdraws from the court without permission of the court, the people's court shall render a verdict on handling as withdrawal of prosecution.
Where part of the private prosecutors withdraw the case or are deemed as having withdrawn the case by verdict, the trial of the case shall continue.

Article 275 Where the whereabouts of the defendant is unknown during the trial of case of private prosecution, the people's court shall render a verdict on suspension of trial. Where the defendant appears in court, the proceedings shall resume, and the court shall legally take compulsory measures against the defendant whenever necessary.

Article 276 For cases of private prosecution, the judgment shall be rendered with reference to the relevant provisions of Article 195 of the Criminal Procedure Law and Article 241 of these Interpretations; for cases which the defendant is legally announced to be innocent, the incidental civil action in connection therewith shall be legally mediated, or the judgment thereof shall be rendered with the criminal prosecution.

Article 277 The defendant of the minor criminal case which will only be accepted upon complaint or which the victim has evidence to proof, or his legal representative may bring a counterclaim against the private prosecutor in the course of litigation. The counterclaim must meet the following conditions:
1. The object of the counterclaim must be the private prosecutor of the case;
2. The content of the counterclaim must be activity in connection with the case; and
3. The counterclaim case must be in compliance with the provisions of Paragraph 1 and Paragraph 2 of Article 1 of these Interpretations.
The counterclaim case shall apply the provisions for case of private prosecution, and shall be heard together with the case of private prosecution. Where the private prosecutor withdraws his prosecution, the proceedings of the counterclaim case shall continue.

Chapter XI Trial of Unit Crime Cases

Article 278 Where accepting the unit crime cases, the people's court shall, in addition to the examination conducted pursuant to the relevant provisions of Article 180 hereof, examine whether the complaint has stated the name, domicile, contacts, legal representative and principal of the defendant unit and the name, title and contacts of the representative in proceedings on behalf of the defendant unit. In case of any supplementary material needed from the people's procuratorate, the people's procuratorate shall be notified to send so within three days.

Article 279 The representative in proceedings of the defendant unit shall be the legal representative or principal; where the legal representative or principal is charged as the directly responsible executive for the unit crime or is unable to appear in court due to objective reason, the defendant unit shall entrust other person in charge or employee as its representative in proceedings, provided that the relevant person is charged as other directly responsible person for the unit crime, or knows the situation of the case and is obligated to testify.

Article 280 In case of trial of unit crime case in court, the representative in proceedings of the defendant unit shall be notified; where the representative in proceedings does not participate in the litigation, the people's procuratorate shall be required to confirm so.
Where the representative in proceedings of the defendant unit cannot appear in court, the people's court shall respectively handle such situation in accordance with the following circumstances:
1. Where the representative in proceedings is the legal representative or principal of the defendant unit and does not appear in court without justifiable reason, the court may summon him to appear in court by warrant; where he is unable to appear in court due to objective reason, or his whereabouts are unknown, the court shall require the people's procuratorate to otherwise determine the representative in proceedings; and
2. Where the representatives in proceedings are other persons of the defendant unit, the new representative in proceedings otherwise determined by the people's procuratorate shall be required to appear in court.

Article 281 The representative in proceedings of the defendant unit enjoys all litigation rights in relation to the defendant as provided in the Criminal Procedure Law. At court, the seat of the representative in proceedings is located at the left before the judgment seat, paralleled with the seat of the defender.

Article 282 The entrustment of the defender by the defendant unit shall refer to the relevant provisions of these Interpretations.

Article 283 For case that shall be confirmed as unit crime case, where the people's procuratorate only brings the public prosecution against any natural person, the people's court shall suggest the people's procuratorate to make supplementary prosecution against the crime unit. Where the people's procuratorate still prosecutes the natural person only, the people's court shall legally hear the case and investigate the criminal liability of the executive directly responsible for the unit crime or other directly responsible persons, and cite the clauses in the Specific Provisions of the Criminal Law on investigation of the criminal liability of the executive directly responsible for the unit crime and other directly responsible persons.

Article 284 Where any illegal gain of the defendant unit or its fruits has not been legally recovered or sealed up, seized or frozen, the people's court shall determine to recover, seal up, seize or freeze.

Article 285 In order to guarantee the execution of the judgment, the people's court may first seal up, seize or freeze the property of the defendant unit, or the defendant unit may provided guarantee for that.

Article 286 Where the business license of the defendant unit is rescinded, cancelled or revoked or the defendant unit is declared to be bankrupt during the trial, the trial over the executive directly responsible for the unit crime and other directly responsible persons shall continue.

Article 287 During trial, where the defendant unit has any merger or split, the original unit shall be listed as defendant unit and the situation of merger and split shall be stated. The fines sentenced to be paid by the defendant unit shall be limited to the property and interests it has in the new unit.

Article 288 For trial of unit crime case, where there is no applicable provision in this Chapter, the relevant provisions of these Interpretations shall be referred.

Chapter XII Summary Procedure

Article 289 Where the basic people's court deems that the facts of the case are clear and the evidence is sufficient upon review after accepting the case of public prosecution, it shall inquire the defendant on opinions on the accused crime facts and notify him the legal provisions on application of summary procedure when serving the copy of the complaint to the defendant. Where the defendant has no objection towards the accused crime facts and agreed to apply the summary procedure, the people's court may decide to apply the summary procedure and then notify the people's procuratorate and the defender before trial.
For case which the people's procuratorate is suggested to apply the summary procedure, it shall be handled in accordance with the provisions of the preceding paragraph; where such case does not meet the conditions required for summary procedure, the people's court shall notify the people's procuratorate about that.

Article 290 Under any of the following circumstances, the summary procedure may not be applied:
1. Where the defendant is blind, deaf or mute;
2. Where the defendant is a mental patient whose illness is of an intermittent nature; and
3. With great social influence;
4. Where some of the defendants in a joint crime case pleads not guilty or raises objection to the application of summary procedure;
5. Where the defender pleads not guilty;
6. Where the defendant confesses but is not deemed to have constituted any crime upon review; or
7. Other circumstances under which the summary procedure is inappropriate for trial.

Article 291 Where the case applying the summary procedure for trial meets the requirements as provided in Paragraph 1 of Article 34 of the Criminal Procedure Law, the people's court shall notify the defendant and his immediate relative that they may apply for legal aid.

Article 292 For case applying summary procedure for trial, the people's court shall notify the people's procuratorate, private prosecutor, defendant and defender and (if applicable) other litigation participants the time and place of trial, three days before trial.
The notice may take any convenient form, but shall be entered into record of the case.

Article 293 For case applying summary procedure for trial, where the defendant has retained or been appointed any defender, such defender shall be notified to appear in court.

Article 294 For case applying summary procedure for trial, the presiding judge or single judge shall question the defendant's opinions on the accused crime facts, and notify the defendant about the legal provisions on application of summary procedure for trial, and confirm whether the defendant agrees to apply summary procedure.

Article 295 For case applying summary procedure for trial, the trial may be simplified as follows:
1. The public prosecutor may only read the summary of the complaint;
2. The questioning to the defendant by the public prosecutor, the defender or the judge may be simplified or omitted;
3. For evidence on which the defender and the prosecutor have no objection, the presenting party may only state the name of the evidence and the matter to be proofed; for evidence on which the defender or the prosecutor has any objection or which the court deems as necessary to investigate and verify, such evidence shall be presented and under cross-examination; and
4. Where the defender and the prosecutor have no objection on the facts and evidence in connection with the conviction and sentence, the trial may directly focus on the determination of crime and sentence issues.
For case applying summary procedure for trial, the final statement of the defendant shall be heard before announcement of judgment.

Article 296 Where a single judge finds out in the trial that the defendant may be sentenced to a fixed-term imprisonment of more than three years when applying the summary procedure, the case shall then be heard by the collegial panel.

Article 297 The judgment of case applying summary procedure for trial shall generally be announced at court.

Article 298 For case applying summary procedure for trial, during the trial and under any of the following circumstances, the case shall be changed to by heard by general procedure:
1. Where the activity of the defendant may not constitute any crime;
2. Where the defendant may be exempted from criminal liability;
3. Where the defendant denies all the accused crime facts at court;
4. Where the facts of the case is unclear, and the evidence is insufficient; and
5. Other circumstances where the summary procedure shall not be applied or is inappropriate to apply.
For case changing to be heard by general procedure, the time limit of trial shall be from the date of decision of changing into general procedure.

Chapter XIII Procedure of Second Instance

Article 299 When announcing the judgment or verdict of first instance, the local people's courts at all levels shall notify the defendant, the private prosecutor or his legal representative that they may appeal to the people's court at superior level directly or through the court in writing or orally within the time limit prescribed by the laws if they do not accept the judgment or verdict; the defender or the immediate relative of the defendant, may also appeal upon consent by the defendant; and the parties to the incidental civil action and their legal representatives may file appeal with respect to the incidental civil judgment or verdict.
Whether the defendant, private prosecutor, any party to the incidental civil action or his legal representative has appealed shall be subject to his last declaration of will before expiry of time limit for appeal.

Article 300 The appeal case accepted by the people's court shall generally have the original copy and the photocopy of the petition for appeal.
The content of the petition for appeal shall include: the written judgment of first instance, the reference number of the written judgment, the time of receipt by the appellant, the name of the people's court of first instance, the claims and grounds of the appeal, and the time for submittal of appeal. Where the defender or immediate relative of the defendant appeals upon consent of the defendant, the petition for appeal shall state his relationship with the defendant and shall take the defendant as the appellant.

Article 301 The appeal or protest must be filed within the prescribed time limit. The time limit for appeal or protest due to non-acceptance of judgment shall be 10 days; the time limit for appeal or protest due to non-acceptance of verdict shall be 5 days. The time limit for appeal or protest shall be from the day immediately following the date of receipt of judgment or verdict.
The time limit for appeal or protest of the incidental civil judgment or protest shall be determined in accordance with the appeal or protest applicable to the criminal judgment or verdict. Where the incidental civil action is separately heard by the court, the time limit for appeal shall be determined in accordance with the provisions of the Criminal Procedure Law.

Article 302 Where the appellant appeals to the people's court of first instance, the people's court of first instance shall review the petition for appeal. Where the appeal meets with the requirements of the laws, the people's court of first instance shall, within three days upon expiry of the time limit for appeal, transfer the petition for appeal and the case file as well as evidence to the people's court at superior level, and deliver the copy of petition for appeal to the people's procuratorate and the parties of the other party.

Article 303 Where the appellant appeals to the people's court of second instance, the people's court of second instance shall submit the petition for appeal to the people's court of first instance within three days upon receipt of the petition for appeal. The people's court shall review whether the appeal meets with the requirements of the laws. Where the appeal meets with the requirements of the laws, the people's court of first instance shall, within three days upon receipt of the petition for appeal, transfer the petition for appeal and the case file as well as evidence to the people's court at superior level, and deliver the copy of petition for appeal to the people's procuratorate and the parties of the other party.

Article 304 Where, within the time limit for appeal, the appellant requests to withdraw the petition for appeal, the people's court shall allow such withdrawal.

Article 305 Where the appellant requests to withdraw the petition for appeal after expiry of the time limit for appeal, the people's court of second instance shall review such request. Upon review, where the confirmation of facts and the application of laws in the original judgment are correct and the sentence is proper, the people's court of second instance shall allow the withdrawal of appeal; where in the original judgment, the facts of the case are unclear, the evidence is insufficient, or the innocent is sentenced to be guilty or the misdemeanor is sentenced with heavy punishment, the people's court of second instance shall not allow such withdrawal of appeal, and continue to hear the same as per the appeal case.
Where the defendant sentenced to death penalty for immediate execution appeals but applies for appeal before the announcement of judgment or verdict and after trial of second instance, the people's court of second instance shall not allow such withdrawal of appeal, and continue to hear the same as per the appeal case.

Article 306 Where the local people's procuratorate protests any judgment or verdict of first instance rendered by the people's court at the same level shall submit the written protest to the people's court of first instance. The people's court of first instance shall, within three days upon expiry of time limit for protest, transfer the written protest, case file and evidence to the people's court at superior level, and deliver the written protest to the parties.

Article 307 Where the people's procuratorate withdraws the written protest during the protest, the people's court of first instance will not transfer the case to the people's court at superior level; where the people's procuratorate applies for withdrawal before the announcement of judgment or verdict by the people's court of second instance upon expiry of the time limit for protest, the people's court of second instance may render a verdict on allowance, and notify the people's court of first instance and the parties.

Article 308 Where the appeal or protest is withdrawn before expiry of the time limit for appeal or protest, the judgment or verdict of first instance shall become effective upon the date of expiry of the time limit for appeal or protest. Where the appeal or protest is withdrawn after expiry of the time limit for appeal or protest, and the people's court of second instance renders a verdict on allowance, the judgment or verdict of first instance shall become effective upon the date when the written verdict of second instance is served to the appellant or the protest authority.

Article 309 The people's court of second instance shall review whether the following content is included in the case file and evidence of the appeal or protest case transferred by the people's court of first instance:
1. Letter of transfer of appeal or protest case;
2. The petition for appeal or written protest;
3. Eight copies of the judgment or verdict of first instance (each additional copy for each defendant) and its electronic text; and
4. All case files and evidence, including the case trial report and other materials that shall be transferred.
Where the materials listed in the preceding paragraph are complete, the people's court of second instance shall accept such materials; in case of incomplete materials, the people's court of first instance shall be notified to timely provide any supplementary material.

Article 310 When hearing the appeal or protest case, the people's court of second instance shall fully examine the confirmation of facts and application of laws in the judgment or verdict of first instance, unrestricted by the scope of appeal or protest.

Article 311 For joint crime case, where only part of the defendants appeal, or the private prosecutor only appeals the judgment against part of the defendants, or the people's procuratorate protests the judgment against part of the defendants, the people's court of second instance shall fully examine and handle the whole case.

Article 312 For joint crime case, where the defendant of the appeal is deceased or other defendants do not appeal, the people's court of second instance shall still examine the whole case. Upon examination, where the deceased defendant does not constitute any crime, the deceased defendant shall be announced to be innocent; in case of constituting the crime, the trial shall be terminated. And for other defendants of the same case, judgment or verdict shall also be rendered.

Article 313 For incidental civil action case, where only the parties to the incidental civil action and their legal representatives appeal, the people's court of second instance shall examine the whole case. Upon examination, where there is no inappropriate criminal part of the judgment of first instance, the people's court of second instance only handles the incidental civil part of judgment of first instance; where in the incidental civil part of judgment of first instance, the facts are clear and the application of laws are correct, the people's court of second instance shall sustain the incidental civil judgment and overrule the appeal.

Article 314 For incidental civil action case, where only the parties to incidental civil action and their legal representatives appeal, the judgment on the criminal part of the case of first instance shall immediately become effective upon expiry of the time limit for appeal.
Where the defendant of the criminal case of first instance who shall be sent to prison for execution of his criminal punishment is the defendant of the incidental civil action case of second instance, the sending of such defendant to prison for execution of his criminal punishment may be temporarily suspended before the ending of the trial of the incidental civil action case of second instance.

Article 315 The examination of the appeal or protest case shall focus on the following content:
1. Whether the facts found in the judgment of first instance are clear; and whether the evidence is confirmed and sufficient;
2. Whether the application of laws in the judgment of first instance is correct; and whether the sentence is appropriate;
3. Whether there is any violation of the statutory litigation procedure in the investigation, review and prosecution or procedure of first instance;
4. Whether there is any new fact or evidence presented in the appeal or protest;
5. The situation of the statements and exculpations of the defendant;
6. The defence opinions of the defender and the situation of admission of such opinions;
7. Whether the judgment or verdict on the incidental civil action is lawful and appropriate; and
8. The opinions of the collegial panel and the judicial committee of the people's court of first instance.

Article 316 During the second instance, the defendant may continue to entrust the defender in the first instance or other defender to defend him in addition to self-defence.
For joint crime cases, where only part of the defendants appeal, or the private prosecutor appeals the judgment only against part of the defendants, or the people's procuratorate protests the judgment only against part of the defendants, other defendants of the same case may also entrust defender to defend.

Article 317 The following cases shall be heard in court in accordance with the provisions of Paragraph 1 of Article 223 of the Criminal Procedure Law:
1. Appeal cases which the defendant, private prosecutor or his legal representative raises any objection towards the facts and evidence confirmed in the first instance, which may affect the conviction and sentence;
2. Appeal cases which the defendant is sentenced to death penalty for immediate execution;
3. Cases protested by the people's procuratorate; and
4. Other cases that shall be heard in public.
The people's court of second instance shall hear in public any case which the defendant sentenced to death penalty for immediate execution does not appeal but other defendants of the same case appeal.
For appeal cases which the defendant is sentenced to death penalty with a two-year suspension of execution, even though they are not under the circumstance as provided in Item 1 of Paragraph 1, and if the required conditions are satisfied, such cases shall also be heard in public.

Article 318 For appeal or protest cases, where the people's court of second instance deems that in the original judgment, the facts confirmed are unclear, or the evidence is insufficient or the case is under any of the circumstances in violation of the statutory litigation procedure as provided in Article 227 of the Criminal Procedure Law, upon examination, and therefore the case needs to be remanded for retrial, the case may not be heard in public.

Article 319 During the second instance, where the people's procuratorate or the defendant or his defender submits new evidence, the people's court shall timely notify the other party to consult, extract or copy.

Article 320 For cases of public prosecution of second instance that are heard in public, the people's procuratorate shall be timely notified to consult the case file upon decision of hearing in public. From the second date of such notice, the time for the people's procuratorate to consult the case file shall not be included into the time limit for trial.

Article 321 The people's procuratorate at the same level shall be notified to appoint procurator to appear in court for hearing of appeal or protest case of public prosecution in public.
For protest cases, where the people's procuratorate does not appoint procurator to appear in court upon receipt of notice of hearing without any reason, the people's court may render a verdict that the people's procuratorate has withdrawn the protest, and notify the people's court of first instance and the parties about the verdict.

Article 322 The hearing of appeal or protest cases in public shall follow the following provisions in addition to reference to the applicable regulations on procedure of first instance:
1. During the stage of court investigation, after the judge reads the judgment or verdict of first instance, in case of appeal case, the appellant or the defender shall first read the petition for appeal or state the reasons for appeal, and in case of protest case, the procurator shall first read the written protest; and where the appellant appeals and the people's procuratorate protests, the procurator shall first read the written protest and then the appellant or the defender reads the petition for appeal for states the reasons for appeal; and
2. During the stage of court debate, in case of appeal case, the appellant or defender shall first make statements, and then the procurator and agent ad litem make statements; in case of protest case, the procurator and agent ad litem shall first make statements, and then the defendant and the defender make statements; and where the appellant appeals and the people's procuratorate protests, the procurator and agent ad litem shall first make statements, and then the appellant and the defender make statements.

Article 323 The hearing of appeal or protest case in public may focus on the disputed issues or parts in doubt of the judgment or verdict of first instance. Pursuant to the situation of the case, the following methods may be followed to hear the case:
1. In terms of reading judgment of first instance, only the cause of action, main facts, name of evidence and main body of judgment is required to be read;
2. The court investigation shall focus on the disputed facts and evidence confirmed in the judgment of first instance and the newly submitted evidence; and the undisputed facts, evidence and circumstance may be directly confirmed;
3. Where, in case with more than one defendant, the court may not summon any defendant who does not appeal or whom is not applied for appearing in court or the people's court deems as unnecessary to appear in court; and
4. For cases which the defendant has committed different crimes, the hearing may not cover the undisputed crime with clear crime facts.
For case with more than one defendant, where the defendant who does not appeal and against whom the people's procuratorate has not protested the judgment requires to appear in court, the court shall allow. The defendant appearing in court may participate in the court investigation and debate.

Article 324 Where the case of second instance may not be heard in public according to the laws, the people's court of second instance shall question the defendant and hear the opinions from other parties, defender or agent ad litem. All members of the collegial panel shall read the case file, and shall submit a written case reading opinions whenever necessary.

Article 325 When hearing the case which the defendant or his legal representative, defender or immediate relative appeals the judgment or verdict, the criminal punishment of the defendant may not be aggravated, and the following provisions shall be implemented:
1. In case with more than one defendant, where only part of the defendants appeal, the criminal punishment of the appellant may not be aggravated, and the criminal punishment of other defendants of the same case may not neither be aggravated;
2. Where in the original judgment, the facts are clear and the evidence is confirmed and sufficient, but the crime confirmed is inappropriate, then the court may change the crime, but may not aggravate the criminal punishment;
3. Where the original judgment combines the punishment for several crimes for the defendant, neither criminal judgment determined to execute nor the criminal punishment of any crime in the said crimes may not be aggravated;
4. Where the original judgment announces probation for the defendant, the probation may not be revoked, and the probation period may not be extended;
5. Where the original judgment has not announced any injunctive, the people's court of second instance may not announce any new injunctive; where the original judgment has announced any injunctive, no content may be added to such injunctive and the period of such injunctive may not be extended;
6. Where the original judgment sets no limitation on commutation of sentence for the defendant sentenced to death penalty with a two-year suspension of execution, no limitation may be added to the commutation of sentence; and
7. Where in the original judgment, the facts are clear and the evidence is confirmed and sufficient, but the criminal punishment sentenced is extremely light and the accessory punishment that shall be applied does not apply, the people's court of second instance may not directly aggravate the criminal punishment or apply accessory punishment, or remand the case to the people's court for retrial on the ground of unclear facts and insufficient evidence. Where the change of judgment according to the laws is a must, it shall be implemented through the trial supervision procedure after the effectiveness of the judgment or verdict of second instance.
The restriction set forth in the preceding paragraph shall not apply to cases protested by a people's procuratorate or cases appealed by private prosecutors.

Article 326 Where the people's procuratorate protests the judgment only against part of the defendants, or the private prosecutor appeals the judgment only against part of the defendants, the people's court of second instance may not aggravate the criminal punishment for other defendants of the same case.

Article 327 For case which the defendant or his legal representative, defender or immediate relative appeals, after the people's court of second instance remands the case for retrial, the original people's court may not aggravate the criminal punishment of the defendant unless there is any new crime fact and the people's procuratorate brings any supplementary prosecution.

Article 328 For cases which in the original judgment, the facts of the case are unclear or the evidence is insufficient, and the people's court of second instance has remanded for retrial, after the original people's court has rendered another judgment, if the defendant appeals or the people's procuratorate protests, the people's court of second instance shall legally render judgment or verdict, and may not remand for retrial again.

Article 329 Where the people's court of second instance finds out that the original people's court is under any of the following circumstances as provided in Article 227 of the Criminal Procedure Law, or violates the provisions of Article 228 of the Criminal Procedure Law, during the retrial, the people's court of second instance shall render a verdict on revocation of the original judgment and remand for retrial.

Article 330 Where the people's court of second instance finds out any error in the portion of a judgment or verdict of first instance that deals with the incidental civil action when hearing case which any appeal or protest of the portion of a judgment or verdict of first instance that deals with the criminal litigation is filed and the portion of a judgment or verdict of first instance that deals with the incidental civil action has become effective, the portion of a judgment or verdict of first instance that deals with the incidental civil action shall be corrected in accordance with the trial supervision procedure.

Article 331 Where the people's court of second instance finds out any error in the portion of a judgment or verdict of first instance that deals with the criminal litigation when hearing case which any appeal of the portion of a judgment or verdict of first instance that deals with the criminal litigation is filed and the portion of a judgment or verdict of first instance that deals with the criminal litigation has become effective, the portion of a judgment or verdict of first instance that deals with the criminal litigation shall be retried in accordance with the trial supervision procedure, and heard the portion that deals with the incidental civil action and the portion that deals with the criminal litigation.

Article 332 During the second instance, the plaintiff of the incidental civil action of first instance increase additional litigation claims or the defendant of the incidental civil action of first instance brings any counterclaim, the people's court of second instance may mediate such in accordance with the principle of willingness and lawfulness; in case of failure to mediate, the parties shall be notified to bring another lawsuit for that.

Article 333 For cases of private prosecution of second instance, the court may mediate whenever necessary, and the parties may also settle themselves. In case of concluding the case by mediation, the mediation paper shall be prepared, and the judgment or verdict of first instance shall be deemed as having been automatically revoked; where the parties settle by themselves, the people's court of second instance shall render a verdict to allow withdrawal of the private prosecution and revoke the judgment or verdict of first instance.

Article 334 During second instance, where the parties to the cases of private prosecution bring any counterclaim, the people's court of second instance shall notify them to bring another lawsuit.

Article 335 The people's court of second instance may entrust the people's court of first instance to announce the judgment on its behalf, and serve the written judgment or verdict of second instance to the parties. The people's court of first instance shall deliver the record of announcement for judgment to the people's court of second instance within five days upon announcement of judgment on behalf of the people's court of second instance, and timely deliver the service return receipt to the people's court of second instance upon completion of service.
In case of entrustment of announcement of judgment, the people's court of second instance shall directly serve the written judgment or verdict to the people's procuratorate at the same level.

Chapter XIV Approval of Special Parole and Sentence to Punishments Less Than the Prescribed Punishments

Article 336 Cases submitted to the Supreme People's Court for approval of sentence to punishments less than prescribed punishments shall be respectively handled in accordance with the following circumstances:
1. Where the defendant does not appeal and the people's procuratorate does not protest, such case shall be submitted to the people's court for review within three days upon the expiry of the time limit for appeal or protest. Where the people's court at superior level agrees on the original judgment, it shall report to the Supreme People's Court for approval in writing level by level; in case of disapproval, the Supreme People's Court shall render a verdict on remanding the case for retrial, or changing the jurisdiction to retry the case in accordance with the procedure of first instance. Where the original judgment is rendered by the basic people's court, the higher people's court may designate an intermediate people's court to retry the case in accordance with the procedure of first instance; or
2. Where the defendant appeals or the people's procuratorate protests, such case shall be heard in accordance with the procedure of second instance. Where the second instance sustains the original judgment, or the sentence to punishment after changing the judgment is less than the prescribed punishment, the case shall be reported to the Supreme People's Court for approval level by level in accordance with the provisions of the preceding paragraph.

Article 337 For cases submitted to the Supreme People's Court for approval of sentence to punishments less than the prescribed punishments, five copies of the written judgment and the report on request for approval, and all case files and evidence shall be submitted.

Article 338 For cases sentenced to punishments less than the prescribed punishment, where the Supreme People's Court approves such sentence, it shall render a verdict on approval; in case of disapproval, it shall render a verdict on disapproval and revoke the original judgment or verdict, and remand the case to the original people's court for retrial or designate other lower people's court for retrial.

Article 339 For cases where are remanded to the people's court of second instance for retrial in accordance with Article 336 and Article 338 of these Interpretations, the people's court may directly change the judgment; where the facts or evidence must be confirmed or verified by trial, or the correction of any illegal activity in the original trial procedure must be corrected by trial, the case shall then be heard in court.

Article 340 The time limit for trial for the review of the case with sentence to punishment less than the prescribed punishment by the Supreme People's Court or the people's court at superior level shall refer to the provisions of Article 232 of the Criminal Procedure Law.

Article 341 Parole cases submitted to the Supreme People's Court for approval which the criminal is under any special circumstance and is not subject to the limitation by the term of sentence, shall be respectively handled in accordance with the following circumstances:
1. After the intermediate people's court has legally rendered a verdict on parole, it shall submit the case to the higher people's court for review. Where the higher people's court approves the verdict, it shall submit the case to the Supreme People's Court for approval in writing; in case of disapproval, the higher people's court shall revoke the verdict on parole by the intermediate people's court; or
2. After the higher people's court has legally rendered a verdict on parole, it shall submit the case to the Supreme People's Court for approval.

Article 342 For parole cases submitted to the Supreme People's Court for approval which the criminal is under any special circumstance and is not subject to the limitation by the term of sentence, five copies of the report on request for approval, the report on criminal's special circumstance and the written verdict on parole, and all case files shall be submitted.

Article 343 For parole cases which the criminal is under any special circumstance and is not subject to the limitation by the term of sentence, where the Supreme People's Court approves, it shall render a verdict on approval; in case of disapproval, it shall render a verdict on disapproval and revoke the original verdict.

Chapter XV Procedure for Review of Death Penalty

Article 344 Cases submitted to the Supreme People's Court for death penalty review shall be respectively handled in accordance with the following circumstances:
1. For case of first stance heard by the intermediate people's court in which the defendant is sentenced to death penalty, where the defendant does not appeal and the people's procuratorate does not protest, such case shall be submitted to the higher people's court for review within 10 days upon expiry of the time limit for appeal or protest. Where the higher people's court agrees on the sentence of death penalty, it shall submit the case to the Supreme People's Court for approval within 10 days upon its rendering of verdict; otherwise, the higher people's court shall remand the case for re-trial, or hear the case in accordance with the procedure of second instance;
2. For case of first stance heard by the intermediate people's court in which the defendant is sentenced to death penalty, where the defendant appeals and the people's procuratorate protests, but the higher people's court sustains the verdict, then the higher people's court shall submit the case to the Supreme People's Court for approval within 10 days upon rendering its verdict; and
3. For case of first instance heard by the higher people's court in which the defendant is sentenced to death penalty, where the defendant does not appeal and the people's procuratorate does not protest, such case shall be submitted to the Supreme People's Court for approval within 10 days upon expiry of the time limit for appeal or protest.
When reviewing the death penalty case, the higher people's court shall question the defendant.

Article 345 For the case of first instance heard by the intermediate people's court in which the defendant is sentenced to death penalty with a suspension of execution, where the defendant does not appeal and the people's procuratorate does not protest, such case shall be submitted to the higher people's court for approval.
When reviewing the case of death penalty with a suspension of execution, the higher people's court shall question the defendant.

Article 346 For each individual case in which the defendant is sentenced to death penalty or death penalty with a suspension of execution, and which requires to be submitted for review, an individual submittal shall be made for one individual case. The submitted materials shall include five copies of the report on submittal for review, the written judgments of first instance and second instance and comprehensive death penalty case report, and all case files and evidence. The comprehensive death penalty case report, the written judgments and the trial report shall be attached with electronic texts.
For cases heard on a consolidated basis, the case files and evidence of the whole case shall be submitted.
For case has been remanded for retrial, the case files of the original first instance and second instance shall also be submitted.

Article 347 The report on submittal for review shall state the cause of action, summary facts of the case, trial process and judgment result.
The comprehensive death penalty case report shall include the following content:
1. Basic situation of the defendant and the victim. Where the defendant has criminal record or been subject to any administrative punishment, this shall be written therein;
2. Cause of action and trial process. Where the case has been remanded for retrial, the reasons and time for remanding for retrial and the case number of the relevant case shall be stated;
3. Detection situation of the case. The situation on utilization of technology investigation measures for catching the defendant and detection of the case, and the situation relevant to the confirmation of surrender and rendering of meritorious service shall be written therein;
4. Situation of trial of first instance, which includes the opinions of the defender and the prosecutor, the crime facts confirmed by the first instance, and the opinions of the collegial panel and the judicial committee;
5. Situation of trial of second instance or review by the higher people's court, which includes the appeal grounds and opinions of the procuratorate authority, facts confirmed upon trial of second instance or review by the higher people's court, evidence admissibility situation and grounds, the opinions of the defender and the prosecutor, and the situation of admissibility;
6. Issues needed to be stated, which includes the situation of the sentence and conviction of other criminals of the same case of the same joint crime who are heard in another case, whether the case has great social influence, and the reaction of the parties, and other situation; and
7. Handling opinions. The opinions of the collegial panel and the judicial committee shall be written.

Article 348 In case of reviewing the cases of death penalty or death penalty with a suspension of execution, the following content shall be fully examined:
1. The age of the defendant, whether the defendant has the capacity for criminal liability, and whether the defendant is a pregnant woman;
2. Whether the facts found in the original judgment are clear, and whether the evidence is confirmed and sufficient;
3. The crime circumstance, consequence and extent of perniciousness;
4. Whether the application of law in the original judgment is correct; and whether the death penalty must be sentenced; whether the death penalty must be immediately implemented;
5. Whether there is any statutory or discretionary circumstance for heavier, lesser or mitigated punishment;
6. Whether the litigation procedure is lawful; and
7. Other situation that shall be examined.

Article 349 When reviewing the cases of death penalty with a suspension of execution, the higher people's court shall respectively handle the cases in accordance with the following circumstances:
1. Where the original judgment confirms the facts and applies the laws correctly, and the sentence is properly and the litigation procedure is lawful, it shall render a verdict on approval;
2. Where there is any defect in the confirmation of any specific fact or the application of laws in the original judgment, but it is not inappropriate to sentence the defendant to death penalty with a suspension of execution, it may render a verdict or judgment on approval after correction;
3. Where the original judgment confirms facts correctly, but applies the wrong laws, or over-sentences, it shall change the original judgment;
4. Where the original judgment is based on unclear facts and insufficient evidence, it may render a verdict on disapproval and revoke the original judgment and remand the case for retrial, or legally change the judgment;
5. Where there is any new fact or evidence that might affect the conviction and sentence during review, it may render a verdict on disapproval, and revoke the original judgment, and remand for retrial, or legally change the judgment in accordance with Article 220 hereof after trial; and
6. Where the original trial may be in violation against the statutory litigation procedure, which might affect the impartiality of judgment, then it shall render a verdict on disapproval, and revoke the original judgment and remand for retrial.
When reviewing cases of death penalty with a suspension of execution, the higher people's court may not aggravate the criminal punishment of the defendant.

Article 350 When reviewing the cases of death penalty, the Supreme People's Court shall respectively handled such cases in accordance with the following circumstances:
1. Where the original judgment confirms the facts and applies the laws correctly, and the sentence is properly and the litigation procedure is lawful, it shall render a verdict on approval;
2. Where there is any defect in the confirmation of any specific fact or the application of laws in the original judgment, but it is not inappropriate to sentence the defendant to death penalty, it may render a verdict or judgment on approval after correction;
3. Where the original judgment is based on unclear facts and insufficient evidence, it may render a verdict on disapproval and revoke the original judgment and remand the case for retrial, or legally change the judgment;
4. Where there is any new fact or evidence that might affect the conviction and sentence during review, it may render a verdict on disapproval, and revoke the original judgment, and remand for retrial;
5. Where the original judgment confirms facts correctly, but the defendant shall not be sentenced to death penalty according to the laws, it shall render a verdict on disapproval, revoke the original judgment and remand the case for retrial; and
6. Where the original trial may be in violation against the statutory litigation procedure, which might affect the impartiality of judgment, then it shall render a verdict on disapproval, and revoke the original judgment and remand for retrial.

Article 351 For a case which a defendant committing two or more crimes is sentenced to death penalty under combined punishment for several crimes, where the Supreme People's Court considers there is any unclear fact of insufficient evidence in the judgment or verdict on the death penalty for some of the crimes of such case after review, the Supreme People's Court shall render a verdict on disapproval of the whole case, and revoke the original judgment and remand the case for retrial; where the Supreme People's Court considers there is no doubt in the fact or evidence used for the judgment or verdict on death penalty for some of the crimes of such case, but the defendant shall not be sentenced to death penalty according to the laws, the Supreme People's Court may then change the judgment and render a judgment on approval of the death penalty for other crimes that shall be sentenced to death penalty.

Article 352 For a case which more than a defendant is sentenced to death penalty, where the Supreme People's Court considers there is any unclear fact of insufficient evidence in the judgment or verdict on the death penalty for some defendants of such case after review, the Supreme People's Court shall render a verdict on disapproval of the whole case, and revoke the original judgment and remand the case for retrial; where the Supreme People's Court considers there is no doubt in the fact or evidence used for the judgment or verdict on death penalty for some defendants of such case, but they shall not be sentenced to death penalty according to the laws, the Supreme People's Court may then change the judgment and render a judgment on approval of the death penalty for other defendants sentenced to death penalty.

Article 353 Where the Supreme People's Court renders a verdict on disapproval of death penalty, it may remand the case to the people's court of second instance or the people's court of first instance for retrial on basis of the situation of the case.
Where the people's court of first instance re-tries the case, it shall hear the case in public. Where the people's court of second instance re-tries the case, it may directly change the judgment; where the facts or evidence must be confirmed or verified by trial, or the correction of any illegal activity in the original trial procedure must be corrected by trial, the case shall then be heard in court.


Article 354 Where, after the higher people's court submits any case to the Supreme People's Court for approval of death penalty upon examination in accordance with the review procedure, the Supreme People's Court renders a verdict on disapproval and remands the case to the higher people's court for retrial, the higher people's court may then remand the case for retrial, or hear the case in accordance with the procedure of second instance.

Article 355 For any case which the Supreme People's Court renders a verdict on disapproval of death penalty and remands for retrial, the original people's court shall otherwise form the collegial panel for trial, except for cases as provided in Item 4 and Item 5 of Article 350 of these Interpretations.

Article 356 Where during the review of death penalty, the defending lawyer requires to reflect opinions face to face, the relevant collegial panel of the Supreme People's Court shall hear his opinions at the office and prepare the relevant record; where the defending lawyer provides written opinions, such opinions shall be attached to the case file.

Article 357 Where the Supreme People's Procuratorate puts forward any opinion during the review of death penalty, the Supreme People's Court shall review such opinion and feedback the admission situation and reasons to the Supreme People's Procuratorate.

Article 358 The Supreme People's Court shall circulate the results of the review of death penalty to the Supreme People's Procuratorate in accordance with relevant regulations.

Chapter VI Sealed, Seized and Frozen Effects and Handling Thereof

Article 359 The people's court shall properly take custody of the sealed, seized and frozen effects of the defendant and their fruits, and make a list of such effects and fruits as attachment for inspection; for the effects of the defendant and their fruits transferred by the people's procuratorate accompanying the case, the people's court shall verify the same in accordance with the list and then properly take custody. No units or individuals shall misappropriate them or dispose of them without authorization.
In case of sealing up any real estate, vehicle, ship, aircraft or other similar effects, the ownership certificate shall be seized, sealed at the original place after photo or video, or handed over to the immediate relative of the holder or defendant for custody; and the name, type, ownership, address and other detailed information of the effects shall be registered, and the registration and administration authority in connection with the effects shall be notified to go through the formalities for seal and registration.
In case of seizure of articles, the name, type, specification, quantity, weigh, quality, fineness, purity, color, condition, defect characteristics and source of the articles shall be registered and stated. In case of seizure of money or negotiable securities, the name, quantity and face value of the money or negotiable securities shall be registered and stated, and the money shall be deposited into the special bank account, and the name and content of the bank deposit certificate shall be registered. In case of seizure of any cultural relics, gold, silver, jewelry, rare calligraphy and painting or other precious articles, or any prohibited articles, photo shall be taken, and if any appraisal is required, the appraisal shall be timely completed. The seized articles shall be timely evaluated in accordance with relevant regulations.
In case of freezing the deposits, remittance, bonds, stocks, fund units and other property, the reference number, type, face value, quantity and amount thereof shall be registered and stated.

Article 360 Where the lawful property of the victim has clear ownership, such property shall be legally and timely returned after being taken photo, appraised or evaluated, and the reasons for return shall be stated in the case file, and the photo of the original, the list and the collection formalities completed by the victim shall be attached for inspection; where the ownership is unclear, such property shall be returned to the victim in proportion after the effectiveness of the judgment or verdict of the people's court, however, provided that the restituted part shall be deducted from that.

Article 361 During trial, where the owner applies for sale of any seized or frozen bonds, stocks and fund units and other property, and the people's court considers it will not prejudice the interests of the country or the victim, or affect the normal proceedings of litigation upon examination, and where the term of any seized or frozen bill of exchange, promissory note or check is about to expired, such bill of exchange, promissory note or check may be legally sold before effectiveness of the judgment or verdict, and all payments obtained shall be kept by the people's court and timely notified to the parties or their immediate relatives.

Article 362 Real objects used as evidence including the money and negotiable securities served as physical evidence shall be transferred with the case. Where the defendant appeals, or the people's procuratorate protests, after announcement of judgment or verdict of first instance, the people's court of first instance shall transfer the said evidence to the people's court of second instance.

Article 363 For real objects that are inappropriate for transfer, they shall be respectively examined the following content on the basis of specific situation:
1. In case of bulk articles and articles inappropriate for transport, whether the authority responsible for seal or seizure has transferred the list of sealed or seized articles with the case, attached the photo and seal and custody formalities, and stated the place of storage;
2. In case of articles that are perishable, easy to mould or difficult to take custody, after the sale or other disposal by the authority responsible for seal or seizure, whether the photo of the original, the list and the vouchers (copies) for disposal have been transferred with the case; and
3. In case of guns and ammunition, poisonous articles, inflammables and explosives as well as other prohibited articles and dangerous goods, after the authority responsible for seal or seizure dispose the same in accordance with relevant regulations, whether the photo and list the original have been transferred with the case.
Where any of the said real objects is inappropriate for transfer, it shall be legally appraised or evaluated, whether there is any appraise opinion or evaluation opinion shall be examined.
Where the sealed or seized money or negotiable securities have not been transferred, whether there is any photo of the original, list or other proof document shall be examined.

Article 364 In the trial in court, for the sealed, seized or frozen effects and their fruits, the ownership situation and whether they belong to illegal gains or other involved effects that shall be legally recovered shall be investigated.
Where any stranger raises any ownership objection over the sealed, seized or frozen effects and their fruits, the people's court shall examine and legally deal with the same.
Upon examination, where it is unable to confirm that the sealed, seized or frozen effects and their fruits belong to illegal gains or other involved effects that shall be legally recovered, no confiscation of such effects or fruits shall be made.

Article 365 The name, amount, quantity, place of storage and disposal method of the sealed, seized or frozen effects and their fruits shall be stated in the written judgment. Where there are quite a few involved effects, which are inappropriate to be listed in the main body of the judgment in detail, a list may be attached.
Where the involved effects are not transferred with the case, it shall be stated in the written judgment, and stated that the authority responsible for seal, seizure or freezing will be in charge of disposal.

Article 366 Where the sealed, seized or frozen effects and their fruits are indeed illegal gains or other involved effects that shall be legally recovered upon examination, then such effects and their fruits shall be ruled to return to the victim, or be confiscated to submit to the national treasury, unless otherwise provided by the laws.
The victim shall be notified to collect the involved effects ruled to return to the victim; in case of no person to collect, it shall be notified by announcement; where there is still no person to collect upon expiry of three months after announcement, such effects shall be submitted to the national treasury; where any person collects such effects after they have been submitted to the national treasury and such person is verified to have the right to collect, the people's court shall apply for the withdrawal of such effects from the national treasury, and then return them to such person; where the original has been auctioned or sold, the price payment shall be returned.
For cases infringing upon the state-owned property, where the victim unit has been terminated without any successor of its rights and obligations, or the loss has been cancelled after verification, the sealed, seized or frozen effects and their fruits shall be submitted to the national treasury.

Article 367 The people's court of first instance shall be responsible for disposing the effects transferred with the case or sealed or seized by the people's court after the effectiveness of the judgment.
Where the involved effects have not been transferred with the case, the people's court shall, within 10 days upon effectiveness of the judgment, serve the written judgment or verdict to the authority responsible for sealing or seizure, and notify such authority to send back the execution return receipt within one month.

Article 368 Where the frozen deposits, remittance, bonds, securities, fund units and other property are ruled to be confiscated, the people's court of first instance shall serve the written judgment or verdict to relevant financial institution and the financial department upon effectiveness of the judgment, and notify the relevant financial institutions to legally submit the same to the national treasury and, within 15 days upon receipt of the execution notice, send back the voucher for submittal to national treasury and execution return receipt.

Article 369 Where the sealed, seized or frozen effects are irrelevant to the case but has been included into the list, the authority responsible for sealing, seizure or freezing shall legally deal with such effects.
Where the sealed, seized or frozen effects are legally owned by the defendant, such effects shall be timely returned to the defendant after compensation of the loss of the victim and execution of punishments against property; where the effects are not transferred with the case, it shall notify the authority responsible for sealing, seizure or freezing transfer the part of the effects used for compensation of loss of the victim and execution of the punishments against property to the people's court.

Article 370 For the sealed, seized and frozen effects and their disposal, where there is no applicable provision in these Interpretations, the relevant provisions of the laws and other judicial interpretations shall be referred.

Chapter XVII Trial Supervision Procedure

Article 371 Where any party or his legal representative or immediate relative files any appeal on the effective judgment or verdict, the people's court shall examine and handle such appeal.
Where any stranger considers that any legally effective judgment or verdict has infringed upon his legitimate rights and interests and therefore appeals, the people's court shall examine and handle such appeal.
A lawyer may be entrusted to conduct the appeal on behalf of the stranger.

Article 372 In case of appeal to the people's court, the following materials shall be submitted:
1. Written appeal, which shall state the basic situation and contacts of the party, and the facts and grounds for appeal;
2. Original written judgment or verdict of first instance or second instance, and other legal documents. Where the case has been re-examined or retried by the people's court, there shall be attached notice of dismissal, written decision on retrial, written retrial judgment or verdict; and
3. Other relevant materials. Where the appeal is made on the ground that there is new evidence proving any error in the facts confirmed by the original judgment or verdict, the relevant evidence materials shall be simultaneously attached; in case of applying the people's court for investigation and obtaining evidence, the relevant clue or materials shall be attached.
Where the appeal does not meet the provisions as set forth in the preceding paragraph, the people's court shall notify the grievant to provide supplementary materials; where the grievant refuses to make up any necessary materials without justifiable reasons, the people's court shall not examine such appeal.

Article 373 The appeal shall be examined and handled by the people's court of final instance. However, for case which the people's court of second instance allows to withdraw the appeal by the defendant, where the grievant appeals the judgment of first instance, the people's court may then examine and handle such appeal.
For any appeal that has not been examined or handled by the people's court of final instance, the people's court at next superior level may notify the grievant to appeal to the people's court of final instance, or directly deliver such appeal to the people's court of final instance for examination and handling and notify the grievant; in case of any difficult, complicated or significant case, the people's court at superior level may also directly examine and handle such appeal.
For any appeal that has not been examined and handled by the people's court of final instance and the people's court at next superior level, if the grievant directly appeals to the people's court at superior level, the people's court at superior level may notify the grievant to appeals to the people's court at inferior level.

Article 374 The appeal for death penalty case may be directly examined and handled by the people's court originally approved the death penalty, or be delivered to the people' court of first instance for examination and handling. The original people's court shall write the examination report and put forward handling opinions, and then submit the same to the people's court originally approved the death penalty for examination and handling.

Article 375 Any appeal case which has been registered for examination shall be determined within three months, and no later than six months at the most.
Upon examination, where the appeal case is under any of the following circumstances, the case shall be determined to be retried in accordance with the provisions of Article 242 of the Criminal Procedure Law:
1. Where there is new evidence to prove that the confirmation of the facts in the original judgment or verdict is definitely wrong, which might affects the conviction and sentence;
2. Where the evidence used for conviction and sentence is unconfirmed and insufficient, which shall be legally excluded;
3. Where there is any contradiction between the major evidence proving the facts of the case;
4. Where the major basis in facts is legally changed or revoked;
5. Where the crime is wrongfully confirmed;
6. Where the sentence is obviously improper;
7. Where the legal provisions on retrospective effect are violated;
8. In case of any violation against the litigation procedures prescribed by law which may hamper impartiality of a trial; or
9. Where the judges in trying the case committed acts of embezzlement, bribery, or malpractices for personal gain, or bended the law in making judgment.
Where the appeal is not under any of the following circumstances, the court shall persuade the grievant to withdraw the appeal; where the grievant adheres to appeal, the court shall notify him the dismissal in writing.

Article 376 Under any of the following circumstances, the evidence that may change the facts used for conviction and sentence in the original judgment or verdict shall be confirmed as the "new evidence" as provided in Paragraph 1 of Article 242 of the Criminal Procedure Law:
1. In case of evidence discovered after the effectiveness of the original judgment or verdict;
2. In case of evidence that has been discovered before the effectiveness of the original judgment or verdict, but fails to be collected;
3. In case of evidence that has been collected before the effectiveness of the original judgment or verdict, but fails to be cross-examined; or
4. Where the appraisal opinions, inquest and investigation records, or other evidence upon which the original judgment or verdict is based are changed or denied.

Article 377 Where the grievant does not accept the dismissal, he may appeal to the people's court at next superior level. Where the people's court at next superior level considers that the appeal does not meet with the provisions in Article 242 of the Criminal Procedure Law and the Paragraph 2 of Article 375 of these Interpretations upon examination, it shall persuade the grievant to withdraw the appeal; where the grievant still adheres to appeal, it shall dismiss the appeal or notify him on no retrial.

Article 378 Where the president of the people's court at all levels finds out that there is any definite error in any effective judgment or verdict rendered by the court, he shall submit such judgment or verdict to the judicial committee to deliberate and decide whether the case shall be retried.

Article 379 Where the people's court at superior level finds out that there is any definite error in any effective judgment or verdict rendered by the people's court at inferior level, it may order the people's court at inferior level to retry the case; where the facts confirmed in the original judgment or verdict are correct but the application of laws is wrong, or in case of a difficult, complicated or significant case, or where there is any circumstance under which the original people's is inappropriate for retrial, the people's court at superior level may directly hear the case.
Where the people's court at superior level orders the people's court at inferior level to retry the case, the people's court at superior level shall generally designate the people's court at inferior level other than the original people's court to hear the case; where it is more conducive to finding the facts of the case and correcting the error in the judgment or verdict if the people's court retries the case, the people's court at superior level may order the people's court of first instance to hear the case.

Article 380 For case which the people's procuratorate legally protests in accordance with the trial supervision procedure, the people's court shall register the case within one month upon receipt of the written protest. However, under any of the following circumstances, the people's court shall respectively handle the case based on the situation:
1. Where it is not under the jurisdiction of the court, and the case shall be returned to the people's procuratorate;
2. Where it is unable to serve the written protest to the defendant of original trial in accordance with the address provided in the written protest, the people's procuratorate shall be notified to re-provide the address of the defendant of the first instance within three days; in case of failure to provide so, the case shall be returned to the people's procuratorate; and
3. Where the protest is based on new evidence, but the relevant evidence materials have not been attached, or the relevant evidence is not pointing towards the facts of the original prosecution, the people's procuratorate shall be notified to provide relevant supplementary materials within three days; in case of failure to do so, the case shall be returned to the people's procuratorate.
For protest case decided to be returned, where the people's procuratorate protests again after supplementing relevant materials and it is examined to meet the conditions for acceptance, the people's court shall accept such protest.

Article 381 For case which the people's procuratorate has protested in accordance with the trial supervision procedure, the people's court accepting such protest shall form the collegial panel for trial. Where in the original judgment the facts are unclear, the evidence is insufficient, including having new evidence to prove any possible error in the original judgment, and the people's court at inferior level is required to be ordered to retry the case, the people's court accepting such protest shall make decision within one month upon the date of registration of the case, and serve the decision on order of retrial to the people's procuratorate that protests.

Article 382 For case that is decided to be retried in accordance with the trial supervision procedure (excluding the case protested by the people's procuratorate), the people's court shall prepare the decision on retrial. The execution of the original judgment or verdict shall not be ceased during the retrial, but if the defendant may be ruled to be innocent after retrial, or may be ruled to mitigate the criminal punishment originally sentenced after retrial which leads to the expiry of the term of sentence, the people's court may decide to suspend the execution of the original judgment or verdict, and may take such measures against the defendant as guarantee pending trial and residential surveillance whenever necessary.

Article 383 For case which is retried in accordance with the trial supervision procedure, the people's court shall focus on the hearing of the grounds for appeal, protest and decision on retrial. And if necessary, the people's court shall fully examine all facts and evidence confirmed in the original judgment or verdict and the application of laws thereof.

Article 384 When hearing the retrial case in accordance with the trial supervision procedure, the original people's court shall form another collegial panel.
Where the case is a case of first instance, the case shall be retried in accordance with the procedure of first instance, and the judgment or verdict rendered by the court may be appealed or protested; where the case is a case of second instance, or a case directly tried by the people's court at superior level, the case shall be retried in accordance with the procedure of second instance, and the rendered judgment or verdict is the judgment or verdict of final instance.
The retrial case which the defendant or private prosecutor of the original trial is already dead or has lost its capacity, may not be heard in public.

Article 385 For retrial case that will be heard in public, where the decision on retrial or the written protest is only for part of the defendant of the original trial, and there will be no influence on the trial if other defendants of the original trial of the same case do not appear in court, such defendants may not appear in court to participate in litigation.

Article 386 In addition to the case protested by the people's procuratorate, the retrial may generally not aggravate the criminal punishment of the defendant(s) of the original trial. Where the written retrial decision or the written protest is only against part of the defendants of the original trial, the criminal punishment of the defendant(s) of the original trial of the same case may not be aggravated.

Article 387 For retrial case protested by the people's procuratorate which is going to be heard by the people's court, where the people's procuratorate withdraws its protest before trial, the people's court shall render a verdict on allowance; where the people's procuratorate does not appoint procurator to appear in the court upon receipt of the notice of appearance in court without reason, the people's court may render a verdict to handle the case as withdrawal of protest, and notify the litigation participants.
For the retrial case appealed by the grievant which is going to be heard by the people's court, where the grievant withdraws the appeal during the retrial, the people's court shall render a verdict on allowance; where the grievant refuses to appear in court upon legal notice without justifiable reasons, or withdraws from the court without permission of the court, the people's court may render a verdict to handle the case as withdrawal of protest, provide that the grievant is not the parties of the original trial.

Article 388 For retrial case that is going to be heard in public, where the case is decided to be retried by the people's court, the members of the collegial panel shall read the written decision on retrial; where the case is protested by the people's procuratorate, the procurator shall read the written protest; where the case is appealed by the grievant, the grievant or his defender or agent ad litem shall state the reasons for appeal.

Article 389 Upon retrial, the retrial case shall be respectively handled in accordance with the following circumstances:
1. Where the original judgment or verdict was correct in the determination of facts and the application of law and appropriate in the meting out of punishment, the people's court shall order rejection of the appeal or protest and affirm the original judgment or verdict;
2. Where the original judgment or verdict was correct in the determination of crime and appropriate in the meting out of punishment, but has defect in determination of facts and application of law, the people's court shall order correction and sustain the original judgment or verdict;
3. Where the original judgment or verdict was correct in the determination of facts but wrong in application of laws and inappropriate in meting out of punishment, the people's court shall revoke the original judgment or verdict and legally change the judgment; or
4. Where the facts in the original judgment of case tried in accordance with the procedure of second instance were unclear or the evidence is insufficient, the people's court may revise the judgment after ascertaining the facts, or it may rescind the original judgment and remand the case to the people's court which originally tried it for retrial.
Where the facts in the original judgment or verdict were unclear or the evidence is insufficient, and are now clear upon trial, the people's court shall legally render the judgment in accordance with the clear facts; where the facts are still unclear upon investigation and the evidence is insufficient, and the defendant cannot be determined as guilty, the people's court shall revoke the original judgment or verdict and announce the defendant to be innocent.


Article 390 Where the name and other identity information of the defendant determined in the original judgment or verdict is wrong, but the original judgment or verdict was correct in determination of facts and application of law and appropriate in meting out of punishment, the people's court rendering the judgment or verdict may correct relevant information by verdict.

Article 391 For parties who are announced to be innocent upon retrial and legally enjoy the right to apply for state compensation, the people's court shall such parties that they may legally apply for state compensation upon effectiveness of the judgment when announcement the judgment.

Chapter XVIII Trial and Judicial Assistance of Foreign-related Criminal Cases

Article 392 For the purposes of these Interpretations, "foreign-related criminal cases" refer to:
1. The criminal cases which any foreigner commits crime or any Chinese citizen infringes upon the legitimate rights of any foreigner, within the territory of the People's Republic of China;
2. The cases which any Chinese citizen commits crime outside the territory of the People's Republic of China, and which are under circumstance as provided in Article 7 and 10 of the Criminal Law;
3. The cases which any foreigner commits crime against the country or citizen of the People's Republic of China, and which are under circumstance as provided in Article 8 and 10 of the Criminal Law; and
4. The cases which the People's Republic of China exercises its jurisdiction within its contractual obligations under any international treaty, and which are under the circumstance as provided in Article 9 of the Criminal Law.

Article 393 The foreign-related criminal case of first instance shall be governed by the basic people's court, except as provided in Article 20 to 22 of the Criminal Procedure Law. Whenever necessary, the intermediate people's court may designate several basic people's courts within its administrative areas to govern the foreign-related criminal cases on a collective basis, and may hear the foreign-related criminal cases governed by the basic people's court.

Article 394 The nationality of the foreigner shall be confirmed by his valid certificate held at the time of entry; where the nationality of the foreigner is unclear, it shall be confirmed by the certificate issued by consulates or embassies of relevant countries, or the public security organ.
Where the nationality of the foreigner cannot be found out, he shall be treated as stateless person and subject to relevant provisions of this Chapter, and the judgment documents shall state "unknown nationality" for him.

Article 395 In the criminal litigation, the foreign party shall have the litigation rights and bear the corresponding obligations as provided by the laws of China.

Article 396 During trial of the foreign-related criminal case, the people's court shall timely circulate the following matters to the competent foreign affairs department of the people's government at the same level, and notify the consulate and embassy of relevant country:
1. The situation of the people's court's decision to take compulsory measures against any foreign defendant, including the name (including translation name), gender, entry date, passport number or certificate number of the foreigner, the compulsory measures to be taken and the legal basis and detention location, etc.;
2. The time and place of trial, whether the case will be heard in public, etc.; and
3. The time and place of announcement of judgment.
After announcement of judgment of any foreign-related criminal case, the handling result shall be circulated to the competent foreign affairs department of the people's government at the same level.
Where the foreign defendant is to be executed death penalty, the Chinese consulate or embassy of his country shall be notified before the execution and after the issuance of the verdict on death penalty.
Where any foreign defendant is deceased in the trial of case, the competent foreign affairs department of the people's government at the same level shall be timely circulated, and the Chinese consulate or embassy of relevant country.

Article 397 Where the Chinese consulate or embassy of relevant country is required to notify relevant matters, it shall be reported to the higher people's court and the higher people's court shall notify such consulate or embassy in accordance with the following provisions:
1. Where the state of nationality of the foreign party has entered into bilateral consular treaty with China, it shall be handled in accordance with such treaty; where such state has not entered into bilateral consular treaty with China, but has participated in the Vienna Convention on Consular Relations, it shall be handled in accordance with the provisions of the Convention; where the state has not entered into bilateral consular treaty with China nor participated in the Vienna Convention on Consular Relations, but has diplomatic relationship with China, it may be handled in accordance with the opinions of the competent foreign affairs department, the principle of mutual benefits and relevant regulations and international practice;
2. In case of any foreign-related criminal case happened within the consular area of the Chinese consulate of foreign country, the consulate of relevant foreign country stationed in such area shall be notified; in case of any foreign-related criminal case happened outside the consular area of the Chinese consulate of foreign country, the embassy of the relevant foreign country shall be notified; for any country with diplomatic relation with China but has not established any consulate or embassy in China, the Chinese consulate or embassy of other country designated to act for such country may be notified; in case of no such designated state or the designated state is unclear, no notice may be made;
3. Where the bilateral consular treaty stipulates the time limit for notice, the notice shall be sent within the prescribed time limit; where there is no provision in the bilateral consular treaty, the notice shall be sent in accordance with or with reference to the Vienna Convention on Consular Relations and the international practices and as soon as possible, no later than seven days at the most; and
4. Where the bilateral consular treaty does not stipulate that the notice must be stipulated, where the foreign party demands to not to notify the Chinese consulate or embassy of his state of nationality, the higher people's court may not notify, provided that he shall issue a written statement for that.
The higher people's court shall notify the relevant matters to the Chinese consulate or embassy of any foreign country, and may request the competent foreign affairs department of the people's government to provide assistance whenever necessary.

Article 398 After acceptance of the foreign-related criminal case, the people's court shall notify the foreign defendant in custody that he may contact with the Chinese consulate or embassy of his state of nationality, meet and communicate with his guardian or immediate relative, and request the people's court to provide translator.

Article 399 During the trial of foreign-related criminal case, where the foreign defendant is in custody, and the official of the consulate or embassy of his state of nationality requires to visit such defendant, such official may file his application to the higher people's court at the locality of the people's court which accepts the case. The people's court shall arrange such visit in accordance with the prescribed time limit as provided in the bilateral consular treaty entered into by and between China and the state of nationality of the defendant; in case of no such provision in the treaty, the people's court shall arrange such visit as soon as possible. The people's court may request the competent foreign affairs department of the people's government to provide any necessary assistance.
During the trial of foreign-related criminal case, where the foreign defendant is in custody and his guardian or immediate relative applies for visit, such guardian or relative may apply to the higher people's court at the locality of the people's court which accepts the case, and shall provide the certificate for his relationship with the defendant as required under Article 403 hereof. The people's court may approve such visit if it deems it no obstruction for the trial of the case upon examination.
Where the defendant refuses the visit or meeting with such guardian or relative, the people's court may not arrange such visit or meeting, provided that he shall issue a written statement for that.
The visit of and meeting with the defendant shall be in compliance with the laws of China.

Article 400 When hearing foreign-related criminal case, the people's court shall hear the case in public, except for such that shall not be heard in public.
For foreign-related criminal cases that are going to be heard in public, where the official of the consulate or embassy of the state of nationality of the foreign party requires to audit the case, such official may file any application to the higher people's court at the locality of the people's court which accepts the case, and the people's court shall arrange such audition.

Article 401 When hearing the foreign-related criminal case, the people's court shall use the common language and words of the People's Republic of China and provide translator for the foreign party.
The litigation documents of the people's court shall be in Chinese. Where the foreign party does not know Chinese, there shall be Chinese translation attached, and the translation shall not be affixed with the stamp of the people's court, and the Chinese version shall prevail.
Where the foreign party knows Chinese language and words, and refuses the translation by others, or does not need the foreign translation of the litigation documents, he shall issue a written statement for that.

Article 402 Where the foreign defendant entrusts lawyer to defend him, or the foreign plaintiff of the incidental civil action or the private prosecutor entrusts lawyer to act for him in the litigation, such lawyer shall be the one with the bar qualifications and practice license for lawyers of the People's Republic of China.
Where the foreign defendant is in custody, his guardian or immediate relative or the consulate or embassy of his state of nationality may entrust defender for him. In case of entrustment by his guardian or immediate relative, the valid proof on his relationship with the defendant shall be provided.
Where the foreign defendant entrusts his guardian or immediate relative to be defender or agent ad litem, the entrusted person shall provide valid proof on his relationship with the defendant. Where it is in compliance with the Criminal Procedure Law and relevant judicial interpretations upon examination, the people's court shall allow.
Where the foreign defendant entrusts no defender, the people's court may notify the legal aid institution to appoint lawyer to defend for him. Where the defendant refuses to defender to defend for him, he shall issue written statement for that, or make oral statement which will be entered into record of the case. Where the defendant is under circumstance which the legal aid shall be provided, it shall be handled in accordance with the provisions of Article 45 of these Interpretations.

Article 403 The power of attorney mailed or delivered through others to the Chinese lawyer or citizen from area outside the territory of the People's Republic of China by the foreign party, and the proof for the relationship between the foreign party and his guardian or immediate relative must be notarized by the notary organ of his country, certified by the central competent foreign affairs authority of his country or its authorized institution, and certified by the Chinese consulate or embassy stationed in such country, provided that China has entered into any agreement on mutual exemption from certification with such country.


Article 404 The people's court may decide to restrict the departure of the defendant of the foreign-related criminal case, and may require the witness who must appear in court at the time of trial to temporarily postpone his departure. In case of any decision on restriction of departure, such decision shall be circulated to the public security organ or national security organ at the same level; where the foreigner is restricted for departure, the competent foreign affairs department of the people's government at the same level and the consulate or embassy of the state of nationality of the party shall be simultaneously circulated.
Where the people's court decides to restrict the departure of the foreigner and the relevant Chinese citizen, the person restricting from departure shall be notified in writing that he may not depart before the ending of the trial of the case, and the people's court may take detention of passport or other methods in connection with the entry and departure certificate to restrict his departure; in case of detaining the certificate, the necessary formalities shall be performed, and the proof for detention of certificate shall be issued.
Where the foreigner and relevant Chinese citizen is required to be stop from departure at the frontier inspection station, the people's court accepting the case shall report to the higher people's court level by level, and the higher people's court shall complete the notice on stopping persons from departure from port, and then go through the formalities with the public security organ at the same level for handover of control. Where the port to be controlled is not within the province, autonomous region or municipalities directly under the central government, the higher people's court shall go through the formalities for handover of control through the relevant public security organs of the province, autonomous region or municipalities directly under the central government. Under urgent circumstance and when it is indeed necessary, the higher people's court may first hand over the control to the frontier inspection station and then make up the formalities for handover control.

Article 405 For evidence materials from abroad, the people's court shall examine the source, provider, time of provision and obtainer and time of obtaining of such materials. Where such materials are able to prove the facts of the case and in compliance with the provisions of the Criminal Procedure Law upon examination, such materials may be used as evidence, however, provided that any bilateral agreement entered into by and between the provider or China and the relevant country has explicit restriction on the scope of utilization of such materials. Where the source of the materials is unclear, or the authenticity of the materials cannot be confirmed, such materials may not be used as basis for deciding case.
Where any party or his defender or agent ad litem provides any evidence material from abroad, such evidence material shall be notarized by the notary organ of the country where such evidence material is from, and certified by the central competent foreign affairs authority of such country or its authorized institution, and certified by the Chinese consulate or embassy stationed in such country.

Article 406 Where the foreign-related criminal case meets the requirements as provided in Paragraph 1 of Article 202 and Article 232 of the Criminal Procedure Law, the time limit for trial of such case may be extended upon approval or decision by relevant people's court.

Article 407 After announcement of judgment of any foreign-related criminal case, where the official of the consulate or embassy of the state of nationality of the foreign party requires to provide the written judgment of the case, such official may file any application to the higher people's court at the locality of the people's court which accepts the case, and the people's court shall provide such judgment.

Article 408 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 people's court and foreign court may request judicial assistance from each other in criminal affairs.
Where the matters requested by the foreign court are harmful to the sovereign, security and social and public benefits of the People's Republic of China, the people's court shall not provide assistance.

Article 409 The request for and provision of judicial assistance shall be conducted in accordance with the international treaty which the People's Republic of China has concluded or acceded to; in case of no treaty relationship, it shall be conducted through diplomatic means.

Article 410 Where the people's court requests for judicial assistance from any foreign country, such request shall be reported to the Supreme People's Court for examination and approval via the higher people's court.
Where any foreign court requests for judicial assistance from China, and it is within the scope of power of the people's court, such request shall be handled by the relevant people's court designated by the Supreme People's Court upon its consent.

Article 411 The written request for judicial assistance from any foreign country issued by the people's court and the attached documents thereto shall be accompanied with the translation version in language of such country or other translation versions as required in the international treaty.
The written request for judicial assistance from China issued by any foreign court and the attached documents thereto shall be accompanied with the Chinese translation version or other translation versions as required in the international treaty.

Article 412 The people's court may adopt any of the following means to serve the criminal litigation documents to parties living outside the territory of the People's Republic of China:
1. The people's court may serve the criminal litigation documents by the way of service as stipulated in the international treaty which the People's Republic of China has concluded or acceded to;
2. The people's court may serve the criminal litigation documents by diplomatic means;
3. In case of Chinese party, the people's court may entrust the Chinese consulate or embassy stationed in the country where the recipient resides to serve the criminal litigation documents on its behalf;
4. Where the party concerned is a private prosecutor of the case of private prosecution or the plaintiff of the incidental civil action, the people's court may serve the criminal litigation documents to his process agent;
5. Where the party is a foreign entity, the people's court may serve the criminal litigation documents to its branch or business agent authorized to receive such or its representative institution established within the territory of the People's Republic of China;
6. Where the laws of the country where the recipient resides allow, the people's court may mail the criminal litigation documents to the party; and if the service return receipt is not sent back upon expiry of three months from the date of mailing but such mail can be determined to have served given all situations, such mail shall be deemed to have served; or
7. Where the laws of the country where the recipient resides allow, the people's court may use fax, email or other methods which can confirm the receipt of the recipient to serve the criminal litigation documents.

Article 413 Where the people's court serves the criminal litigation documents to the recipient living outside the territory of the People's Republic of China through diplomatic means, the served documents shall be submitted to the Supreme People's Court for approval upon examination by the higher people's court. Where the Supreme People's Court considers that such documents may be sent, the Supreme People's Court shall forward the same to the competent foreign affairs department to deliver.
Where the foreign court has requested the people's court to deliver any criminal litigation document through diplomatic means, the consulate of such country stationed in China shall deliver the legal document to the competent foreign affairs department of China to forward to the Supreme People's Court. Where the Supreme People's Court considers it falls into the scope of the power of the people's court upon examination, and may serve the same for the foreign court, it shall forward such legal document to relevant people's court to deliver.

Article 414 Other matters in the trial of foreign-related criminal case shall be handled in accordance with the laws, judicial interpretations and other relevant regulations.

Chapter XIX Procedure for Execution

Section 1 Execution of Death Penalty

Article 415 Where any criminal sentenced to death penalty with a two-year suspension of execution intentionally commits any crime during the execution of the suspension of execution, the intermediate people's court at the place where the criminal serves his sentence shall legally hear the case, and the judgment rendered by the intermediate people's court may be appealed or protested.
Upon effectiveness of the judgment or verdict which determines the criminal has constitute any intentional crime, the intermediate people's court shall report to the Supreme People's Court for approval of execution of death penalty level by level.

Article 416 The period for execution of death penalty with a suspension of execution shall be from the date of announcement or service of the legal documents on judgment or verdict on execution of death penalty with a suspension of execution.
Where the sentence shall be commuted upon expiry of the period for execution of death penalty with a suspension of execution, the people's court shall timely commute the sentence. The term of a fixed-term imprisonment or life imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date the suspension of execution expires.

Article 417 The order to execute the death penalty issued by the Supreme People's Court shall be delivered to the people's court of first instance for execution by the Supreme People's Court. The people's court of first instance shall execute the order for execution of death penalty within 7 days upon receipt.
Where the criminal intentionally commits any crime during the period for execution of the death penalty with a suspension of execution, and the Supreme People's Court approves the execution of death penalty, the intermediate people's court at the place where the criminal serves his sentence shall execute.

Article 418 Where the people's court of first instance finds out any of the following circumstances before execution and after receipt of the order for execution of death penalty, the people's court shall suspend the execution and immediately submit the report on request the stoppage of execution of death penalty and relevant materials to the Supreme People's Court:
1. Where the criminal may have committed other crimes;
2. Where other suspects of the joint crime case appear in court, which might affect the sentence of the criminal;
3. Where other criminals of the joint crime case have been suspended or ceased the execution of death penalty, which might affect the sentence of the criminal;
4. Where the criminal reveals any significant crime fact or renders other significantly meritorious service, and a change in judgment may be needed;
5. Where the criminal gets pregnant; or
6. Where the judgment or verdict might have other mistakes affecting the conviction and sentence.
Where the Supreme People's Court considers it may affect the conviction and sentence upon review, it shall render a verdict on stopping execution of death penalty; where it considers it as having no effect on the conviction and sentence, it shall decide to continue the execution of death penalty.

Article 419 Where the Supreme People's Court finds out any circumstance as provided in the Paragraph 1 of the preceding Article before the execution and after issuance of the order for execution of death penalty, the Supreme People's Court shall immediately render a verdict on stopping execution of death penalty and transfer the relevant materials to the people's court of inferior level.

Article 420 The people's court at inferior level shall, after receipt of the verdict on stopping execution of the death penalty from the Supreme People's Court, investigate and verify the causes for stopping execution of death penalty together with relevant departments, and timely report the investigation results and opinions to the Supreme People's Court for examination.

Article 421 The collegial panel of the Supreme People's Court originally rendered the judgment or verdict on approval of death penalty shall be responsible for examining the investigation results and opinions for stopping execution of death penalty delivered by the people's court at inferior level, and another collegial panel shall be formed to examine the same whenever necessary.

Article 422 For cases stopping execution of death penalty, the Supreme People's Court shall respectively handle such cases in accordance with the following circumstances:
1. Where the criminal does get pregnant, the Supreme People's Court shall change the sentence;
2. Where the criminal is confirmed to have committed other crimes, which shall be investigated and prosecuted according to the laws, the Supreme People's Court shall render a verdict on disapproval on death penalty, revoke the original judgment and remand the case for retrial;
3. Where there is indeed mistake in the original judgment or verdict, or the criminal renders great meritorious service, and the sentence needs to be changed, the Supreme People's Court shall render a verdict on disapproval of death penalty, revoke the original judgment and remand the case for retrial; or
4. Where there is no mistake in the original judgment or verdict, and the criminal renders no great meritorious service, or the great meritorious service rendered by the criminal is insufficient to affect the execution of original judgment or verdict, the Supreme People's Court shall render a verdict on continuous execution of death penalty, and the president of the Supreme People's Court shall re-issue the order for execution of death penalty.

Article 423 Before execution of the death penalty, the people's court of first instance shall notify the criminal that he may meet his immediate relatives. Where the criminal applies for meeting and provides specific contacts, the people's court shall notify his immediate relative. Where the immediate relative of the criminal applies for meeting, the people's court shall allow so and timely arrange the meeting.

Article 424 The people's court of first instance shall notify the people's procuratorate at the same level to appoint procurator for onsite supervision three days before the execution of death penalty.

Article 425 The death penalty shall be executed by shooting, injection or other methods.
In case of executing death penalty by injection, it shall be executed within the designated place of execution or detention.
In case of executing the death penalty by means other than shooting or injection, it shall be first reported to the Supreme People's Court for approval level by level.

Article 426 Before execution of death penalty, the judge directing the execution shall verify the identity of the criminal, inquire the criminal about whether he has any last word or letter, and enter into record, and then submit the criminal to the executor for execution of the death penalty.
The execution of death penalty shall be announced, however, public shaming or other activities humiliating the personality of the criminal are strictly prohibited.

Article 427 After execution of the death penalty, the forensic doctor shall verify the death of the criminal, which shall be entered into record of the case by the clerk. The people's court responsible for the execution shall, within 15 days upon the execution of death penalty, report the execution situation (including the photo of the criminal before execution of death penalty) to the Supreme People's Court.

Article 428 After execution of death penalty, the people's court responsible for the execution shall handle the following matters:
1. The letters and record of last words of the criminal shall be timely examined; in case of involving inheritance of property, discharge of debts, entrustment of family affairs and other content, such letters and record of last words will be delivered to the family, and a copy thereof shall be made for inspection; in case of involving any case clue or other related issues, they shall be forwarded to the relevant authority;
2. The family of the criminal shall be notified to collect the cremains of the criminal within the prescribed time limit; in case of no conditions for cremation or where it is inappropriate for cremation due to nation, religion or other reasons, the family of the criminal shall be notified to collect the corpse; where the family of the criminal fails to collect the cremains or corpse, the people's court shall notify relevant unit to deal with the same, and require the relevant unit to issue the statement on handling; and the handling situation of the cremains or corpse of the criminal shall be entered into record of the case; and
3. Upon execution of the death penalty of any foreign criminal, the procedure and time limit for notifying foreign embassies and consulates shall follow the relevant regulations.

Section 2 Execution of Death Penalty with A Suspension of Execution; Execution of Life Imprisonment, Fixed-term Imprisonment and Criminal Detention

Article 429 Where the criminal sentenced to death penalty with a suspension of execution, life imprisonment, fixed-term imprisonment or criminal detention is in custody when being handed over for execution, the people's court of first instance shall, within 10 days upon effectiveness of the judgment and verdict, deliver the written judgment, verdict, copy of the indictment, copy of the complaint, execution notice and registration form for closing case to the detention house, and the public security organ shall be responsible for handing over the criminal for execution.
Where the criminal needs to be taken in custody for execution of criminal punishment, but is not under detention before the effectiveness of the written judgment or verdict, the people's court shall then deliver the criminal to the detention house in accordance with the effective written judgment or verdict, and deal with the execution formalities in accordance with the preceding paragraph.

Article 430 In case heard on a consolidated basis, where some defendants are sentenced to death penalty, and the other defendants of the same case who are not sentenced to death penalty need to be taken in custody for execution of criminal punishment, the written judgment or verdict shall be handed over for execution within 10 days upon effectiveness thereof. However, if the said other defendants participate in the committing of relevant death penalty crime, then they shall be handed over for execution of criminal punishment after the Supreme People's Court has reviewed and questioned the defendant sentenced to death penalty.

Article 431 The return receipt of the execution notice shall be signed by the detention house, and the copy thereof shall be entered into record of the case.

Article 432 Where the criminal sentenced to life imprisonment, fixed-term imprisonment or criminal detention meets with the provisions of Paragraph 1 and Paragraph 2 of Article 254 of the Criminal Procedure Law, and the people's court decides to temporarily allow him to serve his sentence outside prison, the decision on temporary allowance of service of sentence outside prison shall be prepared and shall state the basic situation of the criminal, the crime and criminal punishment determined by the ruling, and reasons and basis for decision on temporarily allow him to serve his sentence outside prison as well as other required information, and the judicial administrative organ at county level where the criminal resides shall be notified to go through the handover formalities, and the people's court shall forward the copy of the decision on temporary allowance of service of sentence outside prison to the people's procuratorate or public security organs at the place where the criminal resides.
Where the people's procuratorate considers the decision on temporary allowance of service of sentence outside prison made by the people's court is improper, and puts forward any written opinion within the statutory time limit, the people's court shall immediately re-examine such decision, and make the final decision within one month.

Article 433 Where the criminal subject to decision on temporary allowance of service of sentence outside prison is under any of the following circumstances, the people's court originally decided temporary allowance of service of sentence outside prison shall, within the 15 days upon receipt of the suggestion for execution of imprisonment, make the decision on execution of imprisonment:
1. Where the criminal is inconsistent with the conditions for temporary allowance of service of sentence outside prison;
2. Where the criminal leaves the city or county he resides without approval, and refuses to make correction after warning, or refuses to report the whereabouts, and escape education;
3. Where the criminal is subject to the security administrative punishment due to violation of the supervision rules and still fails to correct;
4. Where the criminal is subject to twice warning by the executive authority, and stills fails to correct;
5. Where the criminal fails to submit the illness review situation as required during being release on parole for medical treatment, and refuses to make correction upon warning;
6. Where the term of sentence has not expired after the disappearance of the circumstance for temporary allowance of service of sentence outside prison;
7. Where the guarantor loses his guarantee conditions or is cancelled off his guarantor qualifications due to non-performance of obligations, and the criminal fails to provide new guarantor during the prescribed time limit; and
8. Where the criminal is under other serious circumstances in violation against the laws, regulations and other regulatory administrative rules.
The decision on execution of imprisonment by the people's court shall become effective once issuance.

Article 434 The people's court shall deliver the decision on execution of imprisonment to the judicial administrative authority at country level where the criminal resides, and the people's court shall hand over the criminal for execution in accordance with relevant regulations. The decision on execution of imprisonment shall be forwarded to the people's procuratorate and public security organ at the residence of the criminal at the same level.

Article 435 Where the criminal sent to prison is under any circumstance which is not calculated into the term of sentence that has been served, the people's court shall determine the specific period not calculated into the term of sentence when making the decision on putting the criminal into prison.

Section 3 Execution of Public Surveillance, Probation and Deprivation of Political Right

Article 436 For criminal sentenced to public surveillance and announced probation, the people's court shall verify his residence. The criminal shall be notified in writing about the time limit for reporting with the local judicial administrative authority at the county level and the consequence of failing to report as scheduled, when the people's court announces his sentence. The written judgment and verdict and the execution notice as well as other legal documents shall be served to the judicial administrative authority at the residence of the criminal at the county level and forwarded to the people's procuratorate at the residence of the criminal at the county level, within 10 days upon the effectiveness of the judgment and verdict.

Article 437 For criminal sentenced to single deprivation of political rights, the people's court shall serve the written judgment and verdict and the execution notice as well as other legal documents to the public security organ at the residence of the criminal at the county level and forwarded to the people's procuratorate at the residence of the criminal at the county level, within 10 days upon the effectiveness of the judgment and verdict

Section 4 Execution of Punishments Against Property and Incidental Civil Action Judgment

Article 438 The judgment execution organ under the people's court of first instance shall be responsible for the execution shall execute the punishments against property and the incidental civil action judgment.

Article 439 A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. In case of failure to pay or pay in full without justifiable reason upon expiry of the said time limit, the people's court shall compel the criminal to pay. Where the punishment is still not paid in full upon compulsory payment, then the remaining part shall be recovered at any time, including when the executed person is found to have any property that may be executable after completion of the execution of principal penalty.
Where any administrative authority has given fine to the defendant with respect to the same fact, the people's court shall offset the executed part of the administrative punishment when sentencing the amount of the fine.
In case of being sentenced to confiscation of property, the confiscation shall be immediately executed upon effectiveness of judgment.

Article 440 During the execution of the punishments against property and incidental civil action judgment, where any stranger raises any objection towards the ownership of any property to be executed, the people's court shall conduct examination and handling with reference to the relevant provisions of the Civil Procedure Law on execution objection.

Article 441 The executed person who is sentenced to punishments against property and also bears the liabilities for incidental civil compensation, the civil compensation liabilities shall be first performed.
For all proper debts of the executed person before sentence of any punishment against property, where such debts are needed to be discharged by the property to be executed, such debts shall be discharged first upon request by the creditors.

Article 442 Where the executed person or the property to be executed is elsewhere, then the local people's court at the place of such property or executed person may be entrusted for execution.
The entrusted people's court shall timely submit the executed property to the national treasury after execution of punishments against property.

Article 443 During the execution of the punishments against property, under any of the following circumstances, the people's court shall render a verdict on suspension of execution:
1. Where the subject matter of execution is the subject matter in dispute in any case that is currently heard by any other people's court or any arbitration institution, and the ownership may only be determined after the completion of the hearing of such case;
2. Where the stranger raises any objection towards the subject matter of execution; and
3. Other circumstances under which the execution shall be suspended.
Upon elimination of the cause for suspension of execution, the execution shall be resumed.

Article 444 During the execution of the punishments against property, under any of the following circumstances, the people's court shall render a verdict on termination of execution:
1. Where the judgment or verdict upon which the execution is based is cancelled;
2. Where the executed person is deceased or executed death penalty, and he leaves no property for execution;
3. Where the unit sentenced to pay fines is terminated, and it leaves no property for execution;
4. Where the fine shall be exempted in accordance with Article 53 of the Criminal Law; and
5. Other circumstances under which the execution shall be terminated.
Upon rending a verdict on termination of execution, where the executed person is found to have concealed or transferred his property or other similar situation, such property shall be recovered.

Article 445 Where all or part of the punishments against property are cancelled, all or part of the executed property shall be returned to the executed person; in case of being unable to return, a compensation for that shall be legally made.

Article 446 Where the executed person applies for reduction or exemption of fines due to any difficulty in paying the fines arising out of any insurmountable disaster, the relevant proof materials shall be submitted. The people's court shall render a verdict within one month upon receipt of application. In case of meeting the statutory conditions for reduction or exemption, the court shall allow such application; otherwise, such application shall be rejected.

Article 447 For execution of the punishments against property and the incidental civil action judgment, where there is no applicable provision herein, the relevant provisions on civil execution shall be referred.

Section 5 Trial of Cases of Commutation of Sentence and Parole

Article 448 Where the criminal sentenced to death penalty with a two-year suspension of execution has not intentionally committed any crime during the execution of the death penalty with a two-year suspension of execution, the people's court shall render a verdict on commutation of sentence upon the expiry of the term for execution of the death penalty with a two-year suspension of execution; where the criminal commits new crime before such verdict after expiry of the term for execution of the death penalty with a two-year suspension of execution, the people's court shall legally render a verdict on commutation of sentence and then render judgment on the new crime he commits.

Article 449 For cases of commutation of sentence and parole, they shall be respectively handled in accordance with the following circumstances:
1. For the commutation of sentence for criminal sentenced to death penalty with a two-year suspension of execution, the higher people's court at the place where the criminal serves his sentence shall render the verdict on basis of the suggestion for commutation of sentence as examined and approved by the prison administration authority at the same level;
2. For commutation and parole for criminals sentenced to life imprisonment, the higher people's court at the place where the criminal serves his sentence shall render a verdict within one month, or in case of complicated case situation or special circumstance, two months upon receipt of the suggestion for commutation of sentence or parole as examined and approved by the prison administration authority at the same level;
3. For commutation and parole for criminals sentenced to a fixed-term imprisonment or commuted to a fixed-term imprisonment, the intermediate people's court at the place where the criminal serves his sentence shall render a verdict within one month, or in case of complicated case situation or special circumstance, two months upon receipt of the suggestion for commutation of sentence or parole filed by the execution authority; and
4. For commutation for criminals sentenced to criminal detention or public surveillance, the intermediate people's court at the place where the criminal serves his sentence shall render a verdict within one month upon receipt of the suggestion for commutation of sentence or parole as examined and approved by the execution authority at the same level.
For commutation of sentence for criminals temporarily allowed to serve sentence outside prison, the relevant provisions of the preceding paragraph shall be respectively apply on basis of situation.

Article 450 For acceptance of case of commutation of sentence or parole, the materials transferred by the execution authority shall be examined to see whether the following content is contained:
1. Suggestion for commutation of sentence or parole;
2. Copy of the written judgment rendered by the court of final instance, execution notice and all previous verdicts on commutation of sentence;
3. Written materials proving the specific facts reflecting that the criminal indeed has repentance performance or rendered of meritorious service or significantly meritorious service;
4. The review appraisal form and the award and punishment approval form of the criminal;
5. The investigation evaluation report on the influence of the parole of the criminal over the residential community of the criminal; and
6. Other materials needed to be transferred based on the case situation.
Where any material is found to be incomplete upon examination, the execution authority suggesting parole or commutation of sentence shall be notified to make up such materials.

Article 451 For trial of case of commutation of sentence or parole, the execution situation of the punishments against property and incidental civil action, and the situation on surrender of ill-gotten gains and restitution by the criminal shall be examined. Where the criminal proactively performs the obligations as determined in the judgment, the criminal may be confirmed as having repentance performance, and the court shall be lenient with his commutation of sentence or parole; where the criminal can perform but fails to do so, the court shall be strict in his commutation of sentence or parole.

Article 452 For trial of case of commutation of sentence or parole, the following content shall be announced:
1. Name, age and other personal basic situation of the criminal;
2. Crime as confirmed by the original judgment and term of imprisonment;
3. The situation of all pervious commutation of sentence of the criminal; and
4. The execution authority's suggestions and grounds for commutation of sentence or parole.
The announcement shall state the period of announcement and the method for provision of opinions. The place of announcement shall be the public area of the premises at the place where the criminal servers his term; in case of place with conditions, it may be announced to the public.

Article 453 For trial of case of commutation of sentence or parole, a collegial panel shall be formed, and the trial may be conducted in writing, but the following cases shall be heard in public:
1. Where the criminal is suggested for commutation of sentence due to any significant meritorious services rendered by the criminal;
2. Where the start time, interval or commutation extent of the suggested commutation of sentence does not meet with general regulations;
3. Where there is any significant social influence or with high social attention;
4. Where there is any complaint opinion received during announcement period;
5. Where the people's procuratorate has any objection; and
6. Other cases with a necessity for trial in public.

Article 454 After rendering the verdict on commutation of sentence or parole, the people's court shall serve the same to the execution authority suggesting for commutation of sentence or parole, the people's procuratorate at the same level and the criminal, within 7 days upon service. Where the people's procuratorate considers the verdict on commutation of sentence or parole is improper, and submits written opinions for correction within the statutory time limit, the people's court shall form collegial panel for trial upon receipt of opinions, and shall render the verdict within one month.

Article 455 Before the verdict on commutation of sentence or parole, where the execution authority submits the suggestions on commutation of sentence or parole in writing, and the people's court shall decide on its own.

Article 456 Where the people's court finds out that there is any mistake in the effective commutation of sentence or parole, another collegial panel shall be formed to try the case; where the people's court finds out any mistake in the effective verdict on commutation of sentence or parole rendered by the lower people's court, in the case, the people's court may be ordered the lower people's court to form another collegial panel for trial.

Section 6 Cancellation of Probation and Parole

Article 457 Where the criminal commits any new crime during the probation period for suspension of execution or parole, or is found to have any other crimes without trial before the announcement of judgment, and therefore his suspension of execution or parole shall be revoked, the people's court hearing the new crime shall revoke the suspension of execution or parole announced in the original judgment or verdict, and notify the original people's court and execution authority in writing.

Article 458 Where the criminal is under any of the following circumstances during the probation period for suspension of execution or parole, the original people's court rendering the judgment or verdict on suspension of execution or parole shall, within one month upon receipt of the execution authority's written suggestion for revocation of suspension of execution or parole, render a verdict on revocation of the suspension of execution or parole:
1. Where the criminal severely violates the injunctive;
2. Where the criminal fails to report as required, or is out of regulation during the acceptance of community correction for more than one month, without justifiable reasons;
3. Where the criminal is subject to the security administrative punishment due to violation of the supervision rules and still fails to correct;
4. Where the criminal is subject to warning by the executive authority for three times, and stills fails to correct; and
5. Where the criminal is under other serious circumstances in violation against the laws, regulations and other regulatory administrative rules.
Once the verdict on revocation of the suspension of execution or parole is rendered by the people's court, it shall be immediately effective.
The people's court shall deliver the written verdict on revocation of suspension of execution or parole to the judicial administrative authority at residence of the criminal at county level, and such authority shall further hand over the criminal for execution in accordance with relevant regulations. The verdict on revocation of suspension of execution or parole shall be forwarded to the people's procuratorate and public security organ at the residence of the criminal at the same level.

Chapter XII Litigation Procedure for Juvenile Criminal Cases

Section 1 General Provisions

Article 459 When hearing juvenile criminal cases, the people's court shall carry out the policy of "education, influence and saving", adhere to the principles of "education first and punishment supplemented" and strengthen the special protection for minors.

Article 460 The people's court shall strengthen the contact with the relevant departments of the government, the Communist Youth League, the All China's Women Federation, the trade unions, the minors protection organization and other bodies, promote the carrying out of the people's assessment, situation investigation and arrangement, help and education of the juvenile criminal cases, fully protect the legitimate rights and interests of the minors and proactively participate in the comprehensive governance of the social administration.

Article 461 When hearing the juvenile criminal cases, the judge familiar with the physical and mental characteristics of minors and good at educating minors shall hear such cases, and the work of relevant judges shall be maintained relatively stable.
The people's assessors for juvenile criminal cases shall generally be working staff of the Communist Youth League, the All China's Women Federation, the trade unions, the minors protection organization and other units, who is familiar with the physical and mental characteristics of minors and eager for the education, influence and saving of delinquent minors, and has accepted necessary training, or the retiree of the said units.

Article 462 The intermediate people's court and the basic people's court may establish independent division for juvenile criminal cases. Where the required conditions are lack, they shall establish collegial panel for juvenile criminal cases within the criminal division, or appoint particular judges to be responsible for hearing of juvenile criminal cases.
The higher people's court shall establish collegial panel for juvenile criminal cases within the criminal division. The higher people's court may establish independent division for juvenile criminal cases if the required conditions are satisfied.
The division for juvenile criminal cases and the collegial panel for juvenile criminal cases shall be collectively referred to as the juvenile court.

Article 463 The following cases shall be heard by the juvenile court:
1. The case which the defendant is under the age of 18 when he commits the accused crime, and is under the age of 20 when the people's court registers the case; and
2. The joint crime case which the defendant is under the age of 18 when he commits the accused crime, and is under the age of 20 when the people's court registers the case, and is accused as the ringleader or principal criminal.
Whether other joint crime cases involving any juvenile defendant, or other criminal cases involving juveniles shall be heard by the juvenile court shall be determined by the president of the court on basis of the actual situation of the juvenile court.

Article 464 For joint crime case which involves the minor and the adult and which is brought to the same people's court by different prosecutions, such case may be heard by the same trial organization; where it is inappropriate for the same trial organization to hear, such case may be respectively heard by the juvenile court and the criminal division.
Where the joint crime case which involves the minor and the adult is respectively heard by different people's courts or trial organizations, the relevant people's courts or trial organizations shall mutually understand the trial situation of the defendants of the joint crime and pay attention to the balance of sentence of the whole case.

Article 465 For juvenile criminal cases, the people's court at superior level may, whenever necessary, designate people's court at inferior level to transfer the case to other people's court for hearing in accordance with the provisions of Article 26 of the Criminal Procedure Law.

Article 466 When hearing the juvenile criminal cases, the people's court shall notify the legal representative of the juvenile defendant to present at the questioning and trial. Where the legal representative is unable to reach, cannot present or is an accomplice, then other adult relatives of the juvenile defendant, or the representative from the school, unit or basic organizations of the residence of the defendant, or representative from the juvenile protection organization may be notified to present, and the relevant situation shall be entered into record of the case.
Other presenting persons may, upon consent of the court, participate in the court education for juvenile defendant, in addition to exercising their rights as provided in Paragraph 2 of Article 270 of the Criminal Procedure Law.
The provisions of the preceding two paragraphs shall apply to the juvenile criminal cases applying summary procedure for hearing.
The provisions of Paragraph 1 and Paragraph 2 shall apply to the questioning of juvenile victim or witness.

Article 467 All cases which the defendant is under the age of 18 at the time of trial shall not be heard in public. Upon the consent of the juvenile defendant and his legal representative, the school of the juvenile defendant and the juvenile protection organization may appoint representative to appear in court. The number and scope of persons appearing in court shall be decided by the court. Upon consent by the court, the representative appearing in court may participate in the court education for the juvenile defendant.
No persons may be organized to audit any case which will be legally heard in public but the crime record of the defendant may be sealed.

Article 468 Where it is necessary to notify the juvenile victim or witness to testify in court, the people's court shall take corresponding protection measures in accordance with the situation of the case. Where the court has the required conditions, it may use video or other means to cross-examine the statements and testimony of such juvenile victim or witness.

Article 469 When hearing the juvenile criminal cases, the name, domicile or photo of the juvenile or other materials that may be presumed the identity of such juvenile may be disclosed to the outside.
The consulted, extracted or copied case file materials of the juvenile criminal case may not be disclosed or spread.
The provisions of the preceding paragraph shall apply to the criminal cases which the victim is a juvenile.

Article 470 When hearing the juvenile criminal cases, where there is no applicable provision in this Chapter, the relevant provisions of these Interpretations shall be referred.

Section 2 Court Preparation

Article 471 When serving the copy of the complaint to the juvenile defendant, the people's court shall explain to him the accused crime and relevant legal provisions, and notify him about the trial procedure and litigation rights and obligations.

Article 472 Where the juvenile defendant is under the age of 18 at the time of trial entrusts no defender, the people's court shall notify the legal aid institution to appoint lawyer to defend for him.

Article 473 Where the juvenile victim or his legal representative entrusts no agent ad litem due to difficulty in economics or other reasons, the people's court shall help him to apply for legal aid.

Article 474 Where the people's court decides to apply summary procedure for hearing the juvenile criminal cases, it shall seek opinions from the juvenile defendant or his legal representative or defender. In case of any objection raised by the said person, the summary procedure shall not apply.

Article 475 Where the defendant is under the age when commits the accused crime and has attained the age of 18 at the time of trial but is under the age of 20, the people's court shall normally notify his immediate relatives to appear in court at the time of trial. Upon consent of the court, the immediate relatives may issue opinions. Where the immediate relatives are unable to reach, cannot present or are accomplices, it shall be entered into record of the case.

Article 476 The court shall accept the investigation report transferred by the people's procuratorate on the personality, family situation, social interaction, life experience, reasons for committing crime, performance before and after crime, custody education and other situation of the juvenile defendant, and the written materials submitted by the defender reflecting the said situation of the juvenile defendant.
Whenever necessary, the people's court may entrust the judicial administrative authority at the county level, communist youth organization and other social bodies at the residence of the juvenile defendant to investigate the said situation of the defendant, or investigate the said situation by itself.

Article 477 For juvenile criminal cases, the people's court may conduct psychological counseling for the juvenile defendant on basis of the relevant situation; the people's court may conduct psychological test with the juvenile defendant upon the consent of the juvenile and his legal representative.

Article 478 Prior to trial and during adjournment, the court may arrange the juvenile defendant to meet with his legal representative or other adult relative or representative as provided in Paragraph 1 of Article 271 of the Criminal Procedure Law on basis of the situation.

Section 3 Trial

Article 479 The people's court shall set seats for the legal representative or other adult relative or representative as provided in Paragraph 1 of Article 271 of the Criminal Procedure Law of the defendant at the side of the defender seat closing to the audition area.
When hearing juvenile criminal cases of negligent crimes or which the defendant may be sentenced to any criminal punishment not more severe than a fixed-term imprisonment of five years, the method for setting the seats of the court appropriate for the features of juvenile may be adopted.

Article 480 No restraint implements may be used for juvenile defendant in the court, provided that the defendant has great personal danger and may impede the trial activity. In case of necessity for use of restraint implements, such restraint implements shall be immediately ceased using after the elimination of real danger.

Article 481 Where the juvenile defendant or his legal representative refuses the defence of the defender at court, the provisions of Paragraph 1 and Paragraph 2 of Article 254 of these Interpretations shall apply.
After the court is restarted, where the juvenile defendant or his legal representative refuses the defence of the defender again at court, the court shall not allow. Where the defendant has attained the age of 18 when the court is restarted, the court may allow, but the defendant may not entrust other defender or require to appoint other lawyer, and in the case, the defendant shall defend for himself.

Article 482 During the trial by court, the judge shall use language expressions suitable for juvenile on basis of the intelligence development degree and psychological states of the juvenile defendant.
In case of finding out any circumstance of inducement, reprimand, sarcasm or threat to the juvenile defendant, the presiding judge shall put a stop to it.

Article 483 Where the defender and the prosecutor put forward any suggestion for sentence of the juvenile defendant such as sentence to public surveillance and announcement of probation, the written materials stating that the juvenile defendant may obtain custody, help and education and will have no great adverse influence on the community he lives shall be submitted to the court.

Article 484 For the investigation report on the situation of the juvenile defendant and the written materials submitted by the defender on the situation of the juvenile defendant, the court shall examine and hear the opinions of the defender and the prosecutor. The said report and materials may be served as reference for court education and sentence.

Article 485 Upon ending of the court debate, the court may conduct education towards the juvenile defendant in accordance with the case situation; where the juvenile defendant is sentenced to be guilty, the court shall educate the juvenile defendant upon announcement of judgment.
For education of the juvenile defendant, the litigation participants and other adult relatives or representatives as provided in Paragraph 1 of Article 271 of the Criminal Procedure Law as well as social investigators and psychological counselors may be invited to take part in.
For cases applying summary procedure for hearing, the provisions of the preceding two paragraphs shall apply to the court education of the juvenile defendant.

Article 486 After final statement by the juvenile defendant, the court shall inquire whether his legal representative has any supplementary statement to make.

Article 487 The announcement of judgment of the juvenile criminal case shall be conducted in public, provided that such forms as conference may not be adopted.
For cases which the crime records shall be legally sealed, no persons may be organize to audit when announcing the judgment; in case of any auditor, such auditor shall be notified not to disseminate any information of the case.

Article 488 For juvenile criminal cases the judgment of which is announced later on a fixed date, where the legal representative of the juvenile defendant is unable to reach, cannot present or is an accomplice, the court may notify other adult relatives or representatives as provided in Paragraph 1 of Article 271 of the Criminal Procedure Law to appear in court, and serve the written judgment to the adult relatives of the juvenile defendant after announcement of judgment.

Section 4 Execution

Article 489 When sending the juvenile criminal to the prison for execution of criminal punishment or to the community for correction, the people's court shall serve the relevant investigation report of the juvenile criminal and the materials of his performance in the trial together with relevant legal documents to the execution authority.

Article 490 The crime record of the juvenile who is under the age of 18 when committing the accused crime and sentenced to a criminal punishment no more severe than a fixed-term imprisonment of five years and exempted from criminal punishment shall be sealed.
Where the cases concluded before December 31, 2012 meet the requirements set forth in the preceding paragraph, the relevant crime record shall also be sealed.
Where the judicial authority or relevant unit applies to the people's court for inquiry of the sealed crime record, it shall provide the grounds and basis for inquiry. The people's court shall timely make decision on whether to agree on such inquiry application.

Article 491 The people's court may establish contacts with the reformatory for juvenile criminals to understand the performance of correction of the juvenile criminal, assist in the helping, education and correction, and may visit and survey the juvenile criminals who are serving their time.

Article 492 The people's court may, whenever necessary, urge the parents or other guardians of the juvenile criminals that are put in prison for serving their time to timely visit such criminals.

Article 493 For juvenile criminals that are sentenced to public surveillance, announced probation, ruled to release on parole and decided to temporarily serve their sentence outside the prison, the people's court may assist the community correction institution in formulating helping and education measures.

Article 494 The people's court may from time to time visit the juvenile criminals that are sentenced to public surveillance, announced probation, ruled to release on parole and decided to temporarily serve their sentence outside the prison, and their families to understand the management and education situation of juvenile criminals, and guide the family of juvenile criminal to bear the responsibilities for education, so as to create a good environment for the juvenile criminal to turn over a new leaf.

Article 495 Where the juvenile criminals, who are sentenced to public surveillance, announced probation, ruled to release on parole and decided to temporarily serve their sentence outside the prison, have the conditions for attending school or employment, the people's court may put forward judicial suggestion to relevant departments with respect to their arrangement problems, and attach any necessary material.

Chapter XXI Litigation Procedure for Cases of Public Prosecution That Are Settled by the Parties

Article 496 For the cases of public prosecution meeting the provisions of Article 277 of the Criminal Procedure Law, where the facts are clear and the evidence is sufficient, the people's court shall notify the parties to settle by themselves; and the people's court may host the parties to negotiate to reach a settlement if the parties file any application for that.
Pursuant to the case situation, the people's court may invite the people's mediator, defender, agent ad litem or friends and relatives to participate and facilitate the settlement of the parties.

Article 497 Where the victim of the case of public prosecution as provided in Article 277 of the Criminal Procedure Law is deceased, his relatives may settle with the defendant. Where the victim has more than one immediate relative, the conclusion of settlement agreement shall be first agreed by all immediate relatives of the victim at the same order of succession
Where the victim is a person without capacity or with limited capacity, his legal representative or immediate relative may settle on behalf of him.

Article 498 The immediate relatives of the defendant may, upon consent of the defendant, settle the case on behalf of the defendant.
Where the defendant is a person with limited capacity, his legal representative may settle on behalf of him.
Where the legal representative or immediate relative of the defendant settles on behalf of the defendant in accordance with the provisions of the preceding two paragraphs, such matters agreed in the settlement agreement as apologies shall be performed by the defendant himself.

Article 499 Where any party raises any objection to the settlement agreement prepared under the host of the public security organ or the people's procuratorate, the people's court shall examine. Upon examination, where the settlement is lawful and voluntary, the court shall confirm such settlement and there is no need to prepare a new settlement agreement; where the settlement is not voluntary or lawful, the settlement shall be confirmed as invalid. Where the settlement agreement is confirmed as invalid, the parties shall re-negotiate to reach a settlement, then the people's court shall host the preparation of the new settlement agreement.

Article 500 During trial, where the parties settle, the people's court shall hear the opinions of the parties and their legal representatives and relevant persons. Where the parties reach settlement outside the court, the people's court shall notify the people's procuratorate and hear its opinions. Where the settlement is found to be voluntary and lawful upon examination, the people's court shall host the preparation of settlement agreement.

Article 501 The settlement agreement shall include the following content:
1. Where the defendant confesses his crime and has no objection to the crime facts, and shows sincere repentance;
2. Where the defendant has obtained the understanding of the victim through making apologies and compensation to the victim or other means; in case any compensation of loss is involved, the amount and method of compensation shall be stated; in case of incidental civil action, the plaintiff of the incidental civil action shall withdraw the incidental civil action; and
3. Where the victim voluntarily reaches settlement, and requests or agrees on legal lenient punishment to the defendant.
The settlement agreement shall be signed by the parties and the judge, however, the seal of the people's court shall not be affixed.
The settlement agreement shall be made in triplicate, with the parties each holding one copy and another copy being submitted to the people's court for filing and inspection.
Where the parties require keeping in confidential of the content of the compensation of loss in the settlement agreement, the people's court shall allow and take corresponding confidential measures.

Article 502 The defendant shall immediately perform the content of compensation of loss as agreed in the settlement agreement after execution of the agreement.
Where the settlement agreement has been fully performed and the parties regrets, the people's court shall not support, however, provided that there is any evidence proving the settlement is in violation of the principle of willingness and lawfulness.

Article 503 Where the parties have reached the settlement agreement and have fully performed such agreement during the investigation and review and prosecution period, and the victim or his legal representative or immediate relative brings incidental civil action, the people's court shall not accept, provided that there is any evidence proving the settlement is in violation of the principle of willingness and lawfulness.

Article 504 Where, after the victim or his legal representative or immediate relative has brought the incidental civil action, the parties are willing to settle, but the defendant cannot immediately perform all compensation obligations, the people's court shall prepare the written mediation for the incidental civil case.

Article 505 For case reaching settlement agreement, the people's court shall give a lighter punishment to the defendant; where the conditions for application of non-imprisonment sentence are satisfied, the non-imprisonment sentence shall be given; where the minimum statutory penalty is still over-severe in that circumstance, the punishment given to the defendant may be mitigated; where the circumstance is not material enough to constitute a crime after considering the whole case comprehensively, and therefore no criminal punishment is required, then the criminal punishment may be exempted.
For joint crime case, where only part of the defendants reach settlement agreement with the victim, such part of defendants may be legally given lenient punishment, however, the balance of sentence of the whole case shall be paid attention to.

Article 506 In case of reaching a settlement agreement, the judgment documents shall state that and cite relevant clauses of the Criminal Procedure Law.

Chapter XXII Procedure for Confiscation of Illegal Gains in Cases Where the Suspects or Defendants Escape or Are Dead

Article 507 Where the illegal gains and other involved properties shall be recovered in accordance with the Criminal Law, and under any of the following circumstances, the people's procuratorate may file an application to the people's court for confiscation of illegal gains:
1. Where the suspect or defendant has escaped after committing such serious crimes as corruption and bribery crimes and terrorist activity crime, and cannot appear in court within one year upon being wanted for arrest; and
2. Where the suspect or defendant is deceased.

Article 508 Under any of the following circumstances, it shall be deemed as the "case of serious crime" as provided in Paragraph 1 of Article 280 of the Criminal Procedure Law:
1. Where the suspect or defendant may be sentenced to life imprisonment or even heavier criminal punishment;
2. Where the case has relatively large influence within the province, autonomous region or municipality directly under central government, or all over China; or
3. Other cases of serious crime.

Article 509 The effects obtained from committing crime and their fruits, and the prohibited goods illegally held by the defendant and the personal effects used for committing crime shall be determined as the "illegal gains and other involved properties" as provided in Paragraph 1 of Article 280 of the Criminal Procedure Law.

Article 510 For the application for confiscation of illegal gains filed by the people's procuratorate, the people's court shall review the following contents:
1. Whether it is under the jurisdiction of the court;
2. Whether it has stated the situation of the involvement of the suspect or defendant in relevant crimes and attached the relevant evidence materials;
3. Whether there is any attached order for arrest or death certificate;
4. Whether the types, number and location of the illegal gains and other involved properties have been stated, and the relevant evidence materials have been attached;
5. Where there is any attached list of the sealed, seized or frozen illegal gains and other involved properties, and any attached proof for completion of relevant legal procedures;
6. Whether the names, addresses, contacts and requirements as well as other situation of the immediate relatives and other interested persons of the suspect or defendant have been stated; and
7. Whether the reason and legal basis for application for confiscation are stated.

Article 511 For application for confiscation of illegal gains, the people's court shall complete the review within 7 days, and respectively handle such application in accordance with the following circumstances:
1. Where it is not under the jurisdiction of the court, the application shall be returned to the people's procuratorate;
2. Where there is lack of evidence, the people's procuratorate shall be notified to make up so within three days; or
3. Where it falls into the scope of acceptance for procedure for confiscation of illegal gains and it is under the jurisdiction of the court, and the evidence materials are complete, the people's court shall then accept such application.
Where the people's procuratorate has not sealed up, seized or frozen the properties applying for confiscation, or whether the term for sealing up, seizure or freezing is about to be expired, and the involved properties are under risk of concealment, transfer, damage or loss, then the people's court may seal up, seize or freeze the application for confiscation of property.

Article 512 After the people's court decides to accept the application for confiscation of illegal gains, it shall issue announcement within 15 days and the announcement period shall be 6 months. The announcement shall state the following content:
1. Cause of action;
2. That the suspect or the defendant is at large and warranted, or is dead, and other basic situation of the suspect or the defendant;
3. The types, number and locations of the property applying for property;
4. When and how can the immediate relatives and other interested persons of the suspect or the defendant; and
5. Other situation that shall announced.
The announcement shall be published on the official website of the people's court or national newspaper, and shall paste and publish on the announcement column of the people's court, and may, whenever necessary, past or publish at the place of crime, residence of the suspect or the defendant, and the domicile where the real estate to be applied for confiscation locates.
Where the people's court has had the contacts of the immediate relatives and other interested persons of the suspect or the defendant, the people's court shall directly notify them the announcement content by means of telephone, fax, mail or other means, and record such notice.

Article 513 Persons claiming ownership over the property to be applied for confiscation shall be determined as "other interested persons" as provided in Paragraph 2 of Article 281 of the Criminal Procedure Law.
Where the immediate relatives and other interested persons of the suspect or the defendant apply for participation in the litigation, they shall put forward so during announcement. The immediate relatives of the suspect or the defendant shall provide the evidence materials proofing the relation between them, and other interested persons shall provide all the evidence materials proofing that they owns the property applied for confiscation.
Where the immediate relatives and other interested persons of the suspect or the defendant apply for participation of litigation upon expiry of the announcement term, if they can explain the reasons and provide evidence materials proofing that the property to be applies is owned by him.

Article 514 Upon expiry of term, the people's court shall form the collegial panel to try the case of application for confiscation of illegal gains.
Where the interested person applies for participation in the litigation, the people's court shall open and hear cases. Where there is no interested person participating in the people's court, the court may hear such application in public.

Article 515 The trial of case of application for confiscation of illegal gains shall be conducted in accordance with the following procedures:
1. After the presiding judge announces the court in session, the procurator shall first read the application, and then the interested persons and their agents ad litem shall issue opinions on that;
2. The court shall conduct investigation by sequence on whether the suspect or the defendant has committed any corruption and bribery crime or other serious crimes and has not been caused within one year since his being wanted or is dead, and whether the property applies for confiscation shall be legally recovered; at the time of investigation, the procurator shall first show relevant evidence, and the interested persons shall issue their opinions and issue relevant evidences, and then they cross-examination; and
3. During the stage of court debate, the procurator shall first state his opinions, and then the interested persons and their agents ad litem shall then state their opinions, and then they shall all debate.
Where the interested persons refuse to appear in court without justifiable reason upon receipt of notice, or withdraws from the court without permission of the court, the trial may then be changed to proceed in private, except that there are other interested persons participating in the litigation.

Article 516 For case of application for confiscation of illegal gains, the people's court shall respectively handle case in accordance with the following circumstances upon trial:
1. Where the facts of the case are clear and the evidence are confirmed and sufficient, where the properties applied to be confiscate are indeed illegal gains and other involved properties, such properties shall be ruled to be confiscated after returning to the victim in accordance with law; and
2. In case of failure in meeting the conditions as provided in Article 507 of these Interpretations, the application shall be rejected.

Article 517 For the ruling on confiscation of illegal gains or refusal of application, the immediate relatives and other interested persons of the suspect or the defendant, or the people's procuratorate may appeal or protest within five days upon ruling.

Article 518 For case of appeal or protest due to non-acceptance of the ruling on confiscation of illegal gains or rejection of application rendered in the first instance, the people's court of second instance shall respectively render the following ruling in accordance with the following circumstances after trial:
1. Where the original ruling is correct, the appeal or protest shall be dismissed, and the original ruling shall be sustained;
2. Where the original ruling is wrong, the people's court of second instance may change the original ruling after finding out the facts, or may revoke the original ruling and remand the case for re-trial; or
3. Where the original trial violates the statutory litigation procedure, which may affect the impartiality of trial, the people's court of second instance shall revoke the original ruling and remand the case for re-trial.

Article 519 Where in the course of the trial of case of application for confiscation of illegal gains, the suspect or defendant at large has been caught, the people's court shall render a verdict on termination of trial. Where the people's procuratorate brings a public prosecution before the people's court originally accept the application, the public prosecution and the application for confiscation of illegal gains may be heard by the same trial organization.

Article 520 Where the defendant is dead or escapes in the course of trial of the case, and the provisions of Paragraph 1 of Article 281 of the Criminal Procedure Law are satisfied, the people's procuratorate may file an application to the people's court for confiscation of illegal gains.
Where the people's procuratorate files an application to the people's court originally accepting the case, it may be heard by the same trial organization in accordance with the procedure as set forth in this Chapter.

Article 521 The term for trial of case of application for confiscation of illegal gains shall refer to the time limit for trial for the general procedure of first instance of and the procedure of second instance of the case of public prosecution.
The announcement period and the time spent on requesting criminal judicial assistance shall not be included into the trial period.

Article 522 Where, upon the effectiveness of the ruling on confiscation of illegal gains, the suspect or the defendant has appeared in court and raises objection towards the ruling, and the people's procuratorate brings a public prosecution before the people's court originally rendered the ruling, it may be heard by the same trial organization.
The people's court shall respectively handle the same in accordance with the following circumstance upon trial:
1. Where the original ruling is correct, such ruling shall be sustained, and no more judgment on the involved property shall be made; or
2. Where there is any mistake in the original ruling, the original ruling shall be revoked, and the relevant involved properties shall be handled in the judgment of the public prosecution case.
Where the effective confiscation ruling rendered by the people's court indeed has mistake, then, except for the circumstance as provided in Paragraph 1, it shall be corrected in accordance with the trial supervision procedure. The confiscated properties shall be timely returned; where the properties have been submitted to the national treasury, the original confiscation authority shall apply to the financial authority for withdrawal from treasure, and then return; where the original article has been auctioned or sold, the price payment shall be returned; in case of any property loss caused to the suspect, defendant or interested person, legal compensation shall be made.

Article 523 When the people's court hears any case of application of confiscation of illegal gains, and this Chapter makes no provision with respect thereto, the relevant provisions hereof shall be referred.

Chapter XXIII Procedure for Compulsory Medical Treatment for Mental Patients That Are Legally Exempted From Criminal Liabilities

Article 524 Where any mental patient implements any violence activity which endangers the public security or seriously endangers the personal safety of any citizen, or the perniciousness of which has amounted to the extent of crime, but is appraised through statutory procedure as person who is legally exempted from criminal liabilities, and may continuously harm the society, he may be put under compulsory medical treatment.

Article 525 For cases which the people's procuratorate applies for compulsory medical treatment for mental patient who is legally exempted from criminal liabilities, the basic people's court where the respondent implements his violence activity shall have the jurisdiction for such application; where it is more appropriate for the people's court at the residence of the respondent to hear the application, the basic people's court at the residence of the respondent shall have jurisdiction over such application.

Article 526 For application for compulsory medical treatment put forward by the people's procuratorate, the people's court shall review the following content:
1. Whether it is under the jurisdiction of the court;
2. Whether the status of the respondent, and the time, place, means and caused damages of the implementation of violence activity have been written in the application, and the relevant evidence materials shall be attached;
3. Whether the forensic appraisal opinions on psychosis and other evidence materials proving the respondent is a mental patient who is legally exempted from criminal liabilities for his activity are attached;
4. Whether the name, address and contacts of the legal representative of the respondent are listed; and
5. Other matters needed to be reviewed.

Article 527 For the compulsory medical treatment application filed by the people's procuratorate, the people's court shall complete the review within seven days, and respectively deal with the application in accordance with the following circumstances:
1. Where it is not under the jurisdiction of the court, the application shall be returned to the people's procuratorate;
2. Where there is lack of evidence, the people's procuratorate shall be notified to make up so within three days; or
3. Where it falls into the scope of acceptance for procedure for compulsory medical treatment and it is under the jurisdiction of the court, and the evidence materials are complete, the people's court shall then accept such application.

Article 528 When hearing the case of compulsory medical treatment, the respondent or the defendant's legal representative shall be notified to appear in court. Where the respondent or the defendant does not entrust any agent ad litem, he shall notify the legal aid institution to appoint lawyer to assume his agent ad litem, and provide legal aid for him.

Article 529 A collegial panel shall be established to hear cases of compulsory medical treatment in public, except for those the respondent or the legal representative of the defendant of which request to not try in public and upon the approval by the people's court after examination.
In case of trial of cases of application for compulsory medical treatment filed by the people's procuratorate, the respondent shall be interviewed.

Article 530 The cases of application for compulsory medical treatment shall be proceeded in accordance with the following procedure:
1. After the presiding judge announces the commencement of the court investigation, the procurator shall first read the application, and the legal representative and agent ad litem of the respondent shall issue their opinions:
2. The court shall in sequence investigate whether the respondent has implemented any violence activity endangering the public security or seriously endangering the personal safety of any citizen, whether the respondent is a mental patient who is legally exempted from criminal liabilities, and whether there is any possibility that the respondent will continue to endanger the society; when the investigation begins, the procurator shall first show his evidence, and then the legal representative or agent ad litem of the defendant shall issue opinions and showing relevant evidence, and then the cross-examination shall begin; and
3. During the stage of court debate, the procurator shall first make his statements, and then the legal representative and agent ad litem of the applicant shall speak and debate with the procurator.
Where the respondent is required to appear in court, the people's court deems that he can appear in court after examining his physical and mental status, then such person shall be allowed to appear in court. The respondent appearing in court may issue his opinions during the stage of court investigation and debate.
After the procurator completes the reading of the application, where the legal representative and the agent ad litem of the respondent has no objection, the court investigation may be simplified.

Article 531 For cases of application for compulsory medical treatment, the people's court shall respectively handle the case in accordance with the following circumstances after trial:
1. In case of meeting the conditions for compulsory medical treatment as provided in Article 284 of the Criminal Procedure Law, the people's court shall render a decision on compulsory medical treatment against the respondent;
2. Where the respondent is a mental patient who is legally exempted from criminal liabilities but does not meet the conditions for compulsory medical treatment, the people's court shall render a decision on overruling the application for compulsory medical treatment; where the respondent has caused any damage results, the people's court shall simultaneously order his family or guardian to take strict custody of him and provide treatment to him; or
3. Where the respondent has full or part of the capacity for criminal liability and shall be investigated for criminal liability according to the laws, the people's court shall render a decision on overruling the application for compulsory medical treatment and return the case back to the people's procuratorate for legal handling.

Article 532 Where the people's court of first instance finds out during trial that the defendant may meet the conditions for compulsory medical treatment, he shall conduct forensic appraisal on psychosis against the defendant in accordance with the statutory procedure. Where the defendant is a mental patient who is legally exempted from criminal liabilities after appraisal, the procedure for compulsory medical treatment shall be adopted for trial of the case.
In case of trial of the cases provided in the preceding paragraph in court, the members of the collegial panel shall first read the forensic appraisal opinions on psychosis of the defendant, and state that the defendant may meet the conditions for compulsory medical treatment, and then the public prosecutor and the legal representative and agent ad litem of the defendant shall issue opinions. Upon permission by the presiding judge, the public prosecutor and the legal representative and agent ad litem of the defendant may debate.

Article 533 For cases as provided in the preceding paragraph, the people's court shall respectively handle the case in accordance with the following situations upon trial:
1. Where the defendant meets the conditions for compulsory medical treatment, the people's court shall announce the judgment that the defendant shall not bear any criminal liability and render a decision on compulsory medical treatment of the defendant;
2. Where the defendant is a mental patient who is legally exempted from criminal liabilities but fails to meet the conditions for compulsory medical treatment, the people's court shall announce the judgment that the defendant is innocent or bears no criminal liability; where the defendant has caused damage results, his family or guardian shall be ordered to take strict custody of him and provide medical treatment to him; and
3. Where the defendant has full or part of the capacity for criminal liability, and he shall be legally investigated for criminal liability, the people's court shall continue the trial in accordance with the general procedure.

Article 534 Where the people's court finds out that the defendant may meet the conditions for compulsory medical treatment during the trial of criminal case of second instance, it may handle the case with reference to the procedure for compulsory medical treatment, and may render a verdict on remanding the case to the original people's court for retrial.

Article 535 Where the people's court decides to adopt compulsory medical treatment, it shall deliver the written decision on compulsory medical treatment and the notice on execution of compulsory medical treatment within five days upon decision, and the public security organ will deliver the person decided to be subject to compulsory medical treatment to receive compulsory medical treatment.

Article 536 Where the person decided to be subject to compulsory medical treatment, or the victim and his legal representative or immediate relative does not accept the decision on compulsory medical treatment, he may apply to the people's court at superior level for review within five days upon receipt of the written decision. During the review, the execution of the decision on compulsory medical treatment shall not stop.

Article 537 In case of any application for review of the decision on compulsory medical treatment, the people's court at superior level shall form a collegial panel to hear, and respectively make the review decision in accordance with the following circumstances with one month:
1. Where the person decided to be subject to compulsory medical treatment meets the conditions for compulsory medical conditions, the people's court shall overrule the application for review and sustain the original decision;
2. Where the person decided to be subject to compulsory medical treatment does not meet the conditions for compulsory medical treatment, the people's court shall revoke the original decision; and
3. Where the original trial violates the statutory litigation procedure, which might affect the impartial trial, the people's court shall revoke the original decision and remand the case to the original people's court for retrial.

Article 538 For judgments and decisions as provided in Paragraph 1 of Article 533 hereof, the people's procuratorate protests and meanwhile the person decided to be subject to compulsory medical treatment, or the victim and his legal representative or immediate relative applies for review, the people's court at superior level shall handle them together in accordance with the procedure of second instance.

Article 539 For trial of cases of compulsory medical treatment, where there is no provision in this Chapter, the relevant provisions on the general procedure of first instance and the procedure of second instance for cases of public prosecution shall be referred.

Article 540 Where the person subject to compulsory medical treatment or his immediate relative applies for release of compulsory medical treatment, he shall file the application to the people's court that decided his compulsory medical treatment.
Where the person subject to compulsory medical treatment or his immediate relative re-applies after six months upon the refusal of his application for release of compulsory medical treatment by the people's court, the people's court shall accept.

Article 541 Where the institution responsible for compulsory medical treatment puts forward the opinions for release of compulsory medical treatment, or the person subject to compulsory medical treatment or his immediate relative applies for release of compulsory medical treatment, the people's court shall examine whether any diagnosis evaluation report of the person subject compulsory medical treatment is attached.
Where the institution responsible for compulsory medical treatment puts forward the opinions on release of compulsory medical treatment but fails to attach the diagnosis evaluation report, the people's court shall require it to provide.
Where the person subject to compulsory medical treatment or his immediate family applies to the people's court for release of compulsory medical treatment, and the institution responsible for compulsory medical treatment fails to provide the diagnosis evaluation report, the applicant may apply to the people's court for obtaining. The people's court may entrust an appraisal institution to conduct appraisal for the person subject compulsory medical treatment whenever necessary.

Article 542 Where the institution responsible for compulsory medical treatment puts forward opinions on compulsory medical treatment, or the person subject to compulsory medical treatment or his immediate relative applies for release of compulsory medical treatment, the people's court shall form the collegial panel to review, and respectively handle the application in accordance with the following circumstances within one month:
1. Where the person subject to compulsory medical treatment has no longer had any personal danger to others and no longer needs to continuously accept the compulsory medical treatment, the people's court shall render a decision on release of compulsory medical treatment and may order the family of person subject to compulsory medical treatment to take strict custody of him and provide continuous treatment to him; or
2. Where the person subject to compulsory medical treatment still has personal danger to others and needs to continuously accept compulsory medical treatment, the people's court shall render a decision on continuous compulsory medical treatment.
The people's court shall deliver the written decision to the institution responsible for compulsory medical treatment, person applying for release of compulsory medical treatment, person decided to be taken compulsory medical treatment and the people's procuratorate within five days upon decision. In case of deciding to release the compulsory medical treatment, the institution responsible for compulsory medical treatment shall release the compulsory medical treatment on the date of receipt of the written decision.

Article 543 Where the people's procuratorate deems the decision on compulsory medical treatment or on release of compulsory medical treatment inappropriate, and puts forward written opinions on correction within 20 days upon receipt of the written decision, the people's court shall form another collegial panel to hear and make decision within one month.

Chapter XXIV Supplementary Provisions

Article 544 The people's court may question the defendant, announce the judgment, or hear cases of commutation or parole through video on basis of the case situation.

Article 545 In case of any private prosecution, appeal or application to the people's court, such prosecution, appeal or application shall be filed in writing. In case of having any difficulty in writing, unless otherwise provided by the laws, such prosecution, appeal or application may be filed orally, and then recorded by the work staff of the people's court or recorded in the case file and thereafter read to the person who files such prosecution, appeal or application orally or delivered to him for reading.

Article 546 The work records, notification records and other materials prepared and formed during litigation shall be signed and sealed by the producer and other relevant persons. In case of announcing or delivering the written judgment, verdict, decision and notice and other litigation documents, the person who accepts the announcement or delivery sign or seal on the litigation documents and return receipt.
Where the litigation participants fail to sign or seal on that, they shall press down their fingerprints; the criminal defendant shall press down his fingerprint in addition to signature and seal.
Where any party refuses to sign, seal or press down his fingerprint on that, the case handler shall record the situation on the litigation documents or record materials. And the effectiveness of such documents or materials will not be affected if there is any relevant eye-witness or tapes or videos to prove.

Article 547 The relevant provisions of these Interpretations shall apply to the military court, railway transportation court and other special people's courts.

Article 548 These Interpretations shall come into force as of January 1, 2013, and the Interpretations on Execution of Several Issues concerning the Criminal Procedure Law of the People's Republic of China promulgated on September 2, 1998 shall be simultaneously abolished; where any judicial interpretation and normative document issued by the Supreme People's Court before is inconsistent with these Interpretations, these Interpretations shall prevail.