If jurisdiction over a case to be examined and prosecuted by a People s Procuratorate is altered, the time limit for examination and prosecution shall be calculated from the date on which another People s Procuratorate receives the case after the alteration.
Article 139 When examining a case, the People s Procuratorate shall interrogate the criminal suspect and heed the opinions of the victim and of the persons entrusted by the criminal suspect and the victim.
Article 140 In examining a case, the People s Procuratorate may request a public security organ to provide the evidence that is essential to the trial in court.
In examining a case that requires supplementary investigation, the People s Procuratorate may remand the case to a public security organ for supplementary investigation or conduct the investigation itself.
In cases where supplementary investigation is to be conducted, it shall be completed within one month. Supplementary investigation may be conducted twice at most. When supplementary investigation is completed and the case is transferred to the People s Procuratorate, the time limit for examination and prosecution shall be recalculated by the People s Procuratorate.
With respect to a case for which supplementary investigation has been conducted, if the People s Procuratorate still believes that the evidence is insufficient and the case does not meet the conditions for initiation of a prosecution, the People s Procuratorate may decide not to initiate a prosecution.
Article 141 When a People s Procuratorate considers that the facts of a criminal suspect s crime have been ascertained, that the evidence is reliable and sufficient and that criminal responsibility should be investigated according to law, it shall make a decision to initiate a prosecution and shall, in accordance with the provisions for trial jurisdiction, initiate a public prosecution in a People s Court.
Article 142 If a criminal suspect is found to be under one of the circumstances provided in Article 15 of this Law, the People s Procuratorate shall make a decision not to initiate a prosecution.
With respect to a case that is minor and the offender need not be given criminal punishment or need be exempted from it according to the Criminal Law, the People s Procuratorate may decide not to initiate a prosecution.
With respect to a case for which the People s Procuratorate has decided not to initiate a prosecution, the People s Procuratorate shall, at the same time, cancel the seizure or freeze of the property or things of value seized or frozen during the period of investigation. If the person against whom prosecution is not to be initiated need be given administrative penalty or administrative sanction or his illegal gains need be confiscated, the People s Procuratorate shall make suggestions to such an effect and transfer the case to the competent organ for handling. The competent organ shall, without delay, inform the People s Procuratorate of how it has handled the case.
Article 143 A decision not to initiate a prosecution shall be announced publicly, and the decision shall, in written form, be delivered to the person who is not to be prosecuted and his unit. If the said person is in custody, he shall be released immediately.
Article 144 With respect to a case transferred by a public security organ for prosecution, if the People s Procuratorate decides not to initiate a prosecution, it shall deliver the decision in writing to the public security organ. If the public security organ considers that the decision not to initiate a prosecution is wrong, it may demand reconsideration, and if the demand is rejected, it may submit the matter to the People s Procuratorate at the next higher level for review.
Article 145 If the People s Procuratorate decides not to initiate a prosecution with respect to a case that involves a victim, it shall send the decision in writing to the victim. If the victim refuses to accept the decision, he may, within seven days after receiving the written decision, present a petition to the People s Procuratorate at the next higher level and request the latter to initiate a public prosecution. The People s Procuratorate shall notify the victim of its decision made after reexamination. If the People s Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a People s Court. The victim may also bring a lawsuit directly to a People s Court without presenting a petition first. After the People s Court has accepted the case, the People s Procuratorate shall transfer the relevant case file to the People s Court.
Article 146 If the person against whom a People s Procuratorate decides, in accordance with the provisions of the second paragraph of Article 142 of this Law, not to initiate a prosecution still refuses to accept the decision, he may present a petition to the People s Procuratorate within seven days after receiving the written decision. The People s Procuratorate shall make a decision to conduct a reexamination, notify the person against whom no prosecution is to be initiated and at the same time send a copy of the decision to the public security organ.
Article 147 Trials of cases of first instance in the Primary and Intermediate People s Courts shall be conducted by a collegial panel composed of three judges or of judges and people s assessors totalling three. However, cases in which summary procedure is applied in the Primary People s Courts may be tried by a single judge alone.
Trials of cases of first instance in the Higher People s Courts or the Supreme People s Court shall be conducted by a collegial panel composed of three to seven judges or of judges and people s assessors totalling three to seven.
When performing their functions in the People s Courts, the people s assessors shall enjoy equal rights with the judges.
Trials of appealed and protested cases in the People s Courts shall be conducted by a collegial panel composed of three to five judges.
The members of a collegial panel shall be odd in number.
The president of the People s Court or the chief judge of a division shall designate one judge to be the presiding judge of the collegial panel. If the president of the court or the chief judge of a division participates in a trial, he himself shall serve as the presiding judge.
Article 148 If opinions differ when a collegial panel conducts its deliberations, a decision shall be made in accordance with the opinions of the majority, but the opinions of the minority shall be entered in the records. The records of the deliberations shall be signed by the members of the collegial panel.
Article 149 After the hearings and deliberations, the collegial panel shall render a judgment. With respect to a difficult, complex or major case, on which the collegial panel considers it difficult to make a decision, the collegial panel shall refer the case to the president of the court for him to decide whether to submit the case to the judicial committee for discussion and decision. The collegial panel shall execute the decision of the judicial committee.
CHAPTER II PROCEDURE OF FIRST INSTANCE
SECTION 1 CASES OF PUBLIC PROSECUTION
Article 150 After a People s Court has examined a case in which public prosecution was initiated, it shall decide to open the court session and try the case, if the bill of prosecution contains clear facts of the crime accused and, in addition, there are a list of evidence and a list of witnesses as well as duplicates or photos of major evidence attached to it.
Article 151 After a People s Court has decided to open a court session, it shall proceed with the following work:
(1) to determine the members of the collegial panel;
(2) to deliver to the defendant a copy of the bill of prosecution of the People s Procuratorate no later than ten days before the opening of the court session. If the defendant has not appointed a defender, he shall be informed that he may appoint a defender or, when necessary, designate a lawyer that is obligated to provide legal aid to serve as a defender for him;
(3) to notify the People s Procuratorate of the time and place of the court session three days before the opening of the session;
(4) to summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters, and deliver the summons and notices no later than three days before the opening of the court session; and
(5) to announce, three days before the opening of the session, the subject matter of the case to be heard in public, the name of the defendant and the time and place of the court session.
The circumstances of the above-mentioned proceedings shall be entered in the written record, which shall be signed by the judges and the court clerk.
Article 152 Cases of first instance in a People s Court shall be heard in public. However, cases involving State secrets or private affairs of individuals shall not be heard in public.
No cases involving crimes committed by minors who have reached the age of 14 but not the age of 16 shall be heard in public. Generally, cases involving crimes committed by minors who have reached the age of 16 but not the age of 18 shall also not be heard in public.
The reason for not hearing a case in public shall be announced in court.
Article 153 When a case of public prosecution is being tried in a People s Court, the People s Procuratorate shall send its procurators to the court to support the public prosecution. However, when a case is to be tried through summary procedure, the People s Procuratorate may send no procurators to the court, as provided by the provisions of Article 175 of this Law.
Article 154 When a court session opens, the presiding judge shall ascertain if all the parties have appeared in court and announce the subject matter of the case. He shall announce the roll, naming the members of the collegial panel, the court clerk, the public prosecutor, the defender, agent ad litem, the expert witnesses and the interpreter; he shall inform the parties of their right to apply for withdrawal of any member of the collegial panel, the court clerk, the public prosecutor, any expert witnesses or the interpreter; and he shall inform the defendant of his right to defence.
Article 155 After the public prosecutor has read out the bill of prosecution in court, the defendant and the victim may present statements regarding the crime accused in the bill of prosecution, and the public prosecutor may interrogate the defendant.
The victim, the plaintiff and defender in an incidental civil action and the agents ad litem may, with the permission of the presiding judge, put questions to the defendant.
The judges may interrogate the defendant.
Article 156 Before a witness gives testimony, the judges shall instruct him to give testimony truthfully and explain to him the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence. The public prosecutor, the parties, the defenders and agents ad litem, with the permission of the presiding judge, may question the witnesses and expert witnesses. If the presiding judge considers any questioning irrelevant to the case, he shall put a stop to it.
The judges may question the witnesses and expert witnesses.
Article 157 The public prosecutor and the defenders shall show the material evidence to the court for the parties to identify; the records of testimony of witnesses who are not present in court, the conclusions of expert witnesses who are not present in court, the records of inquests and other documents serving as evidence shall be read out in court. The judges shall heed the opinions of the public prosecutor, the parties, the defenders and the agents ad litem.
Article 158 During a court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment, in order to carry out investigation to verify the evidence.
When carrying out investigation to verify evidence, the People s Court may conduct inquest, examination, seizure, expert evaluation, as well as inquiry and freeze.
Article 159 During a court hearing, the parties, the defenders and agents ad litem shall have the right to request new witnesses to be summoned, new material evidence to be obtained, a new expert evaluation to be made, and another inquest to be held.
The court shall make a decision whether to grant the above-mentioned requests.
Article 160 With the permission of the presiding judge, the public prosecutor, the parties, the defenders and the agents ad litem may state their views on the evidence and the case, and they may debate with each other. After the presiding judge has declared conclusion of the debate, the defendant shall have the right to present a final statement.
Article 161 If any participant in the proceedings of a trial or bystander violates the order of the courtroom, the presiding judge shall warn him to desist. If any person fails to obey, he may forcibly be taken out of the courtroom. If the violation is serious, the person shall be fined not more than 1,000 yuan or detained not more than 15 days. The fine or detention shall be subject to approval of the president of the court. If the person under punishment is not satisfied with the decision on the fine or detention, he may apply to the People s Court at the next higher level for reconsideration. However, the execution of the fine or detention shall not be suspended during the period of reconsideration.
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 162 After a defendant makes his final statement, the presiding judge shall announce an adjournment and the collegial panel shall conduct its deliberations and, on the basis of the established facts and evidence and in accordance with the provisions of relevant laws, render one of the following judgments:
(1) If the facts of a case are clear, the evidence is reliable and sufficient, and the defendant is found guilty in accordance with law, he shall be pronounced guilty accordingly;
(2) If the defendant is found innocent in accordance with law, he shall be pronounced innocent accordingly;
(3) If the evidence is insufficient and thus the defendant cannot be found guilty, he shall be pronounced innocent accordingly on account of the fact that the evidence is insufficient and the accusation unfounded.
Article 163 In all cases, judgments shall be pronounced publicly.
If the judgment on a case is pronounced in court, a written form of the judgment shall be delivered within five days to the parties and the People s Procuratorate that initiated the public prosecution. In cases where the judgment is pronounced later on a fixed date, a written form of the judgment shall be delivered immediately after the pronouncement to the parties and the People s Procuratorate that indicated the public prosecution.
Article 164 The written judgment shall be signed by the members of the collegial panel and by the court clerk, and the time limit for appeal and the name of the appellate court shall be clearly indicated therein.
Article 165 A hearing may be postponed if during a trial one of the following situations affecting the conduct of the trial occurs:
(1) if it is necessary to summon new witnesses, obtain new material evidence, make a new expert evaluation or hold another inquest;
(2) if the procurators find that a case for which public prosecution has been initiated requires supplementary investigation, and they make a proposal to that effect; or
(3) if the trial cannot proceed because a party applies for the withdrawal of a judicial officer.
Article 166 If the hearings of a case is postponed in accordance with the provisions of sub-paragraph (2) in Article 165 of this Law, the People s Procuratorate shall complete the supplementary investigation within one month.
Article 167 The court clerk shall make a written record of the entire court proceedings, which shall be examined by the presiding judge and then signed by him and the court clerk.
That portion of the courtroom record comprising the testimony of witnesses shall be read out in court or given to the witnesses to read. After the witnesses acknowledge that the record is free of error, they shall sign or affix their seals to it.
The courtroom record shall be given to the parties to read or shall be read out to them. If a party considers that there are omissions or errors in the record, he may request additions or corrections to be made. After the parties acknowledge that the record is free of error, they shall sign or affix their seals to it.
Article 168 A People s Court shall pronounce judgment on a case of public prosecution within one month or, one and a half months at the latest, after accepting it. Under one of the situations provided in Article 126 of this Law, the period may be extended by one more month upon approval or decision by the Higher People s Court of a province, autonomous region or municipality directly under the Central Government.
If jurisdiction of a People s Court over a case is altered, the time limit for handling the case shall be calculated from the date on which another People s Court receives the case after the alteration.
As to a case for which a People s Procuratorate has to conduct supplementary investigation, the People s Court shall start to calculate anew the time lime for handling the case after the supplementary investigation has been completed and the case has been transferred to it.
Article 169 If a People s Procuratorate discovers that in handling a case a People s Court has violated the litigation procedure prescribed by law, it shall have the power to suggest to the People s Court that it should set it right.
SECTION 2 CASES OF PRIVATE PROSECUTION
Article 170 Cases of private prosecution include the following:
(1) cases to be handled only upon complaint;
(2) cases for which the victims have evidence to prove that those are minor criminal cases; and
(3) cases for which the victims have evidence to prove that the defendants should be investigated for criminal responsibility according to law because their acts have infringed upon the victims personal or property rights, whereas, the public security organs or the People s Procuratorates do not investigate the criminal responsibility of the accused.
Article 171 After examining a case of private prosecution, the People s Court shall handle it in one of the following manners in light of the different situations:
(1) If the facts of the crime are clear and the evidence is sufficient, the case shall be tried at a court session; or
(2) In a case of private prosecution for which criminal evidence is lacking, if the private prosecutor cannot present supplementary evidence, the court shall persuade him to withdraw his prosecution or order its rejection.
If a private prosecutor, having been served twice with a summons according to law, refuses to appear in court without justifiable reasons, or if he withdraws from a court session without permission of the court, the case may be considered withdrawn by him.
If during the trial of a case the judges have doubts about the evidence and consider it necessary to conduct investigation to verify the evidence, the provisions of Article 158 of this Law shall apply.
Article 172 A People s Court may conduct mediation in a case of private prosecution; the private prosecutor may arrange a settlement with the defendant or withdraw his prosecution before a judgment is pronounced. Mediation shall not be conducted for cases stipulated in sub-paragraph (3) of Article 170 of this Law.
Article 173 In the process of the proceedings, the defendant in a case of private prosecution may raise a counterclaim against the private prosecutor. The provisions governing private prosecutions shall apply to counterclaims.
Article 174 The People s Court may apply summary procedure to the following cases, which shall be tried by a single judge alone:
(1) cases of public prosecution where the defendants may be lawfully sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or punished with fines exclusively, where the facts are clear and the evidence is sufficient, and for which the People s Procuratorate suggests or agrees to the application of summary procedure;
(2) cases to be handled only upon complaint; and
(3) cases prosecuted by the victims, for which there is evidence to prove that they are minor criminal cases.
Article 175 For a case of public prosecution that is tried through summary procedure, the People s Procuratorate may send no procurators to the court. The defendant may present a statement and defend himself regarding the crimes accused in the bill of prosecution. In cases where the People s Procuratorate sends procurators to the court, the defendant and his defenders may, with permission of the judges, debate with the public prosecutor.
Article 176 In a case of private prosecution that is tried through summary procedure, after the bill of prosecution is read out, the defendant and his defenders may, with the permission of the judges, debate with the private prosecutor and his agents ad litem.
Article 177 Trial of cases through summary procedure shall not be subject to the provisions of Section 1 of this Chapter governing the procedures of interrogating the defendant, questioning the witnesses and expert witnesses, showing the evidence, and debating in court. However, before the judgment is pronounced, the final statement of the defendant shall be heard.
Article 178 For a case to be tried through summary procedure, the People s Court shall conclude it within 20 days after accepting it.
Article 179 If in the course of trying a case the People s Court discovers that the summary procedure is not appropriate for the case, it shall try it anew in accordance with the provisions in Section 1 or Section 2 of this Chapter.
CHAPTER III PROCEDURE OF SECOND INSTANCE
Article 180 If the defendant, private prosecutor or their legal representatives refuse to accept a judgment or order of first instance made by a local People s Court at any level, they shall have the right to appeal in writing or orally to the People s Court at the next higher level. Defenders or near relatives of the defendant may, with the consent of the defendant, file appeals.
A party to an incidental civil action or his legal representative may file an appeal against that part of a judgment or order of first instance made by a local People s Court at any level that deals with the incidental civil action.
A defendant shall not be deprived on any pretext of his right to appeal.
Article 181 If a local People s Procuratorate at any level considers that there is some definite error in a judgment or order of first instance made by a People s Court at the same level, it shall present a protest to the People s Court at the next higher level.
Article 182 If the victim or his legal representative refuses to accept a judgment of first instance made by a local People s Court at any level, he shall, within five days from the date of receiving the written judgment, have the right to request the People s Procuratorate to present a protest. The People s Procuratorate shall, within five days from the date of receiving the request made by the victim or his legal representative, decide whether to present the protest or not and give him a reply.
Article 183 The time limit for an appeal or a protest against a judgment shall be 10 days and the time limit for an appeal or a protest against an order shall be five days; the time limit shall be counted from the day after the written judgment or order is received.
Article 184 If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal through the People s Court which originally tried the case, the People s Court shall within three days transfer the petition of appeal together with the case file and the evidence to the People s Court at the next higher level; at the same time it shall deliver duplicates of the petition of appeal to the People s Procuratorate at the same level and to the other party.
If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal directly to the People s Court of second instance, the People s Court shall within three days transfer the petition of appeal to the People s Court which originally tried the case for delivery to the People s Procuratorate at the same level and to the other party.
Article 185 If a local People s Procuratorate protests against a judgment or order of first instance made by the People s Court at the same level, it shall present a written protest through the People s Court which originally tried the case and send a copy of the written protest to the People s Procuratorate at the next higher level. The People s Court which originally tried the case shall transfer the written protest together with the case file and evidence to the People s Court at the next higher level and shall deliver duplicates of the written protest to the parties.
If the People s Procuratorate at the next higher level considers the protest inappropriate, it may withdraw the protest from the People s Court at the same level and notify the People s Procuratorate at the next lower level.
Article 186 A People s Court of second instance shall conduct a complete review of the facts determined and the application of law in the judgment of first instance and shall not be limited by the scope of appeal or protest.
If an appeal is filed by only some of the defendants in a case of joint crime, the case shall still be reviewed and handled as a whole.
Article 187 A People s Court of second instance shall form a collegial panel and open a court session to hear a case of appeal. However, if after consulting the case file, interrogating the defendant and heeding the opinions of the other parties, defenders and agents ad litem, the collegial panel thinks the criminal facts are clear, it may open no court session. A People s Court of second instance shall open a court session to hear a case protested by a People s Procuratorate.
When a People s Court of second instance opens a court session to hear a case of appeal or protest, it may do so in the place where the case occurred or in the place where the People s Court which originally tried the case is located.
Article 188 With respect to both cases protested by a People s Procuratorate and cases of public prosecution tried by a People s Court of second instance in a court session, the People s Procuratorate at the same level shall send its procurators to the court. The People s Court of second instance must, 10 days before opening of the court session, notify the People s Procuratorate to examine the case files.
Article 189 After hearing a case of appeal or protest against a judgment of first instance, the People s Court of second instance shall handle it in one of the following manners in light of the different situations:
(1) if the original judgment 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.
(2) if the original judgment contained no error in the determination of facts but the application of law was incorrect or the punishment was inappropriately meted out, the People s Court shall revise the judgment.
(3) if the facts in the original judgment were unclear or the evidence 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.
Article 190 In the trial of a case appealed by a defendant, or his legal representative, defender or near relative, the People s Court of second instance may not increase the criminal punishment on the defendant.
The restriction laid down in the preceding paragraph shall not apply to cases protested by a People s Procuratorate or cases appealed by private prosecutors.
Article 191 If a People s Court of second instance discovers that when hearing a case, a People s Court of first instance violates the litigation procedures prescribed by law in one of the following ways, it shall rule to rescind the original judgment and remand the case to the People s Court which originally tried it for retrial:
(1) violating the provisions of this Law regarding trial in public;
(2) violating the withdrawal system;
(3) depriving the parties of their litigation rights prescribed by law or restricting, such rights, which may hamper impartiality of a trial;
(4) unlawful formation of a judicial organization; or
(5) other violations against the litigation procedures prescribed by law which may hamper impartiality of a trial.
Article 192 The People s Court which originally tried a case shall form a new collegial panel for the case remanded to it for retrial, in accordance with the procedure of first instance. With respect to the judgment rendered after the retrial, an appeal or protest may be lodged in accordance with the provisions of Article 180, 181 or 182 of this Law.
Article 193 After a People s Court of second instance has reviewed an appeal or protest against an order of first instance, it shall order rejection of the appeal or protest or rescind or revise the original order respectively with reference to the provisions of Article 189, 190 or 192 of this Law.
Article 194 The People s Court which originally tried a case shall calculate the time limit anew for the trial of the case remanded to it by the People s Court of second instance from the date of receiving the case remanded.
Article 195 A People s Court of second instance shall try cases of appeal or protest with reference to the procedure of first instance, in addition to applying the provisions in this Chapter.
Article 196 After accepting a case of appeal or protest, a People s Court of second instance shall conclude the trial of the case within one month, or one and a half months at the latest. Under one of the situations provided in Article 126 of this Law, the period may be extended by one month upon the approval or decision by the Higher People s Court of a province, autonomous region or municipality directly under the Central Government. However, with respect to cases of appeal or protest accepted by the Supreme People s Court, the matter shall be decided by the Supreme People s Court itself.
Article 197 All judgments and orders of second instance and all judgments and orders of the Supreme People s Court are final.
Article 198 The public security organs, People s Procuratorates and People s Courts shall have the property, things of value of the criminal suspects and defendants, as well as the fruits accruing therefrom, that they have seized or frozen well kept for examination. No units or individuals shall misappropriate them or dispose of them without authorization. The lawful property of the victims shall be returned to them without delay. Prohibited articles and perishable things shall be disposed of in accordance with the relevant regulations of the State.
Things that serve as tangible evidence shall be transferred together with the case, but for things that are unsuitable to be transferred, their inventory and photos and other documents of certification shall be transferred together with the case.
After a judgment rendered by the People s Court becomes effective, all the seized or frozen illicit money and goods as well as the fruits accruing therefrom, except those that are returned to the victim according to law, shall be confiscated and turned over to the State Treasury.
Any judicial officer who embezzles or misappropriates or disposes of the seized or frozen illicit money and goods as well as the fruits accruing therefrom without authorization shall be investigated for criminal responsibility according to law; if the offence does not constitute a crime, he shall be given administrative sanction.
CHAPTER IV PROCEDURE FOR REVIEW OF DEATH SENTENCES
Article 199 Death sentences shall be subject to approval by the Supreme People s Court.
Article 200 A case of first instance where an Intermediate People s Court has imposed a death sentence and the defendant does not appeal shall be reviewed by a Higher People s Court and submitted to the Supreme People s Court for approval. If the Higher People s Court does not agree with the death sentence, it may bring the case up for trial or remand the case for retrial.
Cases of first instance where a Higher People s Court has imposed a death sentence and the defendant does not appeal, and cases of second instance where a death sentence has been imposed shall all be submitted to the Supreme People s Court for approval.
Article 201 A case where an Intermediate People s Court has imposed a death sentence with a two-year suspension of execution, shall be subject to approval by a Higher People s Court.
Article 202 Reviews by the Supreme People s Court of cases involving death sentences and reviews by a Higher People s Court of cases involving death sentences with a suspension of execution shall be conducted by collegial panels each composed of three judges.
CHAPTER V PROCEDURE FOR TRIAL SUPERVISION
Article 203 A party or his legal representative or his near relative may present a petition to a People s Court or a People s Procuratorate regarding a legally effective judgment or order, however, execution of the judgment or order shall not be suspended.
Article 204 If a petition presented by a party or his legal representative or his near relative conforms to any of the following conditions, the People s Court shall retry the case:
(1) There is new evidence to prove that the confirmation of the facts in the original judgment or order is definitely wrong;
(2) The evidence upon which the condemnation was made and punishment meted out is unreliable and insufficient, or the major pieces of evidence for supporting the facts of the case contradict each other;
(3) The application of law in making the original judgment or order is definitely incorrect; or
(4) The judges in trying the case committed acts of embezzlement, bribery, or malpractices for personal gain, or bended the law in making judgment.
Article 205 If the president of a People s Court at any level finds some definite error in a legally effective judgment or order of his court as to the determination of facts or application of law, he shall refer the matter to the judicial committee for handling.
If the Supreme People s Court finds some definite error in a legally effective judgment or order of a People s Court at any lower level, or if a People s Court at a higher level finds some definite error in a legally effective judgment or order of a People s Court at a lower level, it shall have the power to bring the case up for trial itself or may direct a People s Court at a lower level to conduct a retrial.
If the Supreme People s Procuratorate finds some definite error in a legally effective judgment or order of a People s Court at any level, or if a People s Procuratorate at a higher level finds some definite error in a legally effective judgment or order of a People s Court at a lower level, it shall have the power to present a protest to the People s Court at the same level against the judgment or order in accordance with the procedure for trial supervision.
With respect to a case protested by a People s Procuratorate, the People s Court that has accepted the protest shall form a collegial panel for retrial; if the facts, on the basis of which the original judgment was made, are not clear or the evidence is not sufficient, it may direct the People s Court at the lower level to try the case again.
Article 206 A new collegial panel shall be formed for the retrial of a case by a People s Court in accordance with the procedure for trial supervision. If the case was originally one of first instance, it shall be tried in accordance with the procedure of first instance and the new judgment or order may be appealed or protested. If the case was originally one of second instance or was brought up for trial by a People s Court at a higher level, it shall be tried in accordance with the procedure of second instance and the judgment or order rendered shall be final.
Article 207 With respect to a case retried by a People s Court in accordance with the procedure for trial supervision, it shall conclude the trial within three months from the day on which it makes the decision to bring the case up for trial itself or on which the decision is made for it to retry the case. If it is necessary to extend the time limit, the period shall not exceed six months.
The provisions of the preceding paragraph shall apply to the time limit for the trial of a protested case that is accepted by a People s Court and is to be tried by it in accordance with the procedure for trial supervision. Where it is necessary to direct a People s Court at a lower level to try a protested case again, a decision to such an effect shall be made within one month from the day on which the protested case is accepted; the provisions of the preceding paragraph shall apply to the time limit for the trial of the case by the People s Court at the lower level.
Article 208 Judgments and orders shall be executed after they become legally effective.
The following judgments and orders are legally effective:
(1) judgments and orders against which no appeal or protest has been filed within the legally prescribed time limit;
(2) judgments and orders of final instance; and
(3) judgments of the death penalty approved by the Supreme People s Court and judgments of the death penalty with a two-year suspension of execution approved by a Higher People s Court.
Article 209 If a defendant in custody is given the verdict of not guilty or exempted from criminal punishment by a People s Court of first instance, he shall be released immediately after the judgment is pronounced.
Article 210 When a judgment of the death penalty with immediate execution is pronounced or approved by the Supreme People s Court, the President of the Supreme People s Court shall sign and issue an order to execute the death sentence.
If a criminal sentenced to death with a two-year suspension of execution commits no intentional offense during the period of suspension of the sentence and his punishment should therefore be commuted according to law on expiration of such period, the executing organ shall submit a written recommendation to a Higher People s Court for an order; if there is verified evidence that the criminal has committed intentional offense and his death sentence should therefore be executed, the Higher People s Court shall submit the matter to the Supreme People s Court for examination and approval.
Article 211 After receiving an order from the Supreme People s Court to execute a death sentence, the People s Court at a lower level shall cause the sentence to be executed within seven days. However, under one of the following conditions the People s Court at a lower level shall suspend execution and immediately submit a report to the Supreme People s Court for an order:
(1) If it is discovered before the execution of the sentence that the judgment may contain an error;
(2) If, before the execution of the sentence, the criminal exposes major criminal facts or renders other significantly meritorious service, thus the sentence may need to be revised; or
(3) If the criminal is pregnant.
If the reason given in sub-paragraph (1) or (2) of the preceding paragraph which caused the suspension of the sentence has disappeared, the sentence may be executed only after a report is submitted to the President of the Supreme People s Court for him to sign and issue another order for execution of the death sentence. If execution is suspended for the reason given in sub-paragraph (3) of the preceding paragraph, a request shall be submitted to the Supreme People s Court for it to alter the sentence according to law.
Article 212 Before a People s Court causes a death sentence to be executed, it shall notify the People s Procuratorate at the same level to send an officer to supervise the execution.
A death sentence shall be executed by such means as shooting or injection.
A death sentence may be executed on the execution ground or in a designated place of custody.
The judicial officer directing the execution shall verify the identity of the criminal, ask him if he has any last words or letters and then deliver him to the executioner for execution of the death sentence. If it is discovered before the execution that there may be an error, the execution shall be suspended and a report submitted to the Supreme People s Court for an order.
Executions of death sentences shall be announced but shall not be held in public.
After a death sentence is executed, the court clerk on the scene shall prepare a written record of it. The People s Court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People s Court.
After a death sentence is executed, the People s Court that caused the death sentence to be executed shall notify the family members of the criminal.
Article 213 When a criminal is handed over for execution of his criminal punishment, the People s Court that caused the sentence to be executed shall deliver the relevant legal documents to a prison or other executing organ.
A criminal sentenced to death with a two-year suspension of execution, or life imprisonment, or fixed-term imprisonment shall, according to law, be handed over by a public security organ to a prison for execution of his criminal punishment. As to a criminal sentenced to fixed-term imprisonment, if the remaining term of sentence is not more than one year before he is handed over for execution of his criminal punishment, the sentence shall be executed by a detention house instead. As to a criminal sentenced to criminal detention, the sentence shall be executed by a public security organ.
As to a juvenile delinquent, his criminal punishment shall be executed in a reformatory for juvenile delinquents.
An executing organ shall take a criminal into custody without delay and notify the family members of the criminal.
A criminal sentenced to fixed-term imprisonment or criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.
Article 214 A criminal sentenced to fixed-term imprisonment or criminal detention, under either of the following conditions, may be permitted to temporarily serve his sentence outside prison:
(1) If the criminal is seriously ill and needs to be released on parole for medical treatment; or
(2) If the criminal is pregnant or is breast-feeding her own baby.
If a criminal to be released on parole for medical treatment may endanger the community or if a criminal injures himself or makes himself disabled, he may not be released on parole for medical treatment.
If a criminal is truly ill seriously and must be released on parole for medical treatment, a supporting document prepared by the hospital designated by a people s government at the provincial level shall be needed, and the matter shall be subject to examination and approval according to the procedure prescribed by law.
If it is found that a criminal released on parole for medical treatment does not meet the conditions for release on parole for medical treatment or the criminal has gravely violated the regulations regarding such release, he shall be taken back to prison without delay.
As to a criminal sentenced to fixed-term imprisonment or criminal detention who is unable to look after himself in everyday life, if his service of sentence outside prison would not endanger the community, he may be permitted to serve his sentence outside prison temporarily.
If a criminal is permitted to serve his sentence outside prison temporarily, the sentence shall be executed by the public security organ in the place where the criminal resides, the executing organ shall exercise strict control and supervision over him and the grass-roots organizations or the unit where the criminal originally belonged shall assist in supervision.
Article 215 The organ that approved the temporary service of sentence outside prison shall send a copy of its decision on the approval to a People s Procuratorate. If the People s Procuratorate considers the temporary service of sentence outside prison improper, it shall within one month from the date of receiving the notification, submit its recommendation in writing to the organ that approved the temporary service of sentence outside prison, which shall, upon receiving the written recommendation of the People s Procuratorate, reexamine its decision without delay.
Article 216 As soon as the conditions under which a criminal is permitted to serve his sentence outside prison temporarily cease to exist, if the criminal s term of sentence has not expired, he shall be taken back to prison without delay.
If a criminal dies during the period in which he is serving his sentence outside prison temporarily, the prison shall be informed thereof without delay.
Article 217 A criminal who has been sentenced to imprisonment with a suspension of execution shall be placed by the public security organ under the observation of his unit or a grass-roots organization.
A criminal released on parole shall be supervised by a public security organ during the test period of parole.
Article 218 Sentence of public surveillance or deprivation of political rights that has been imposed on a criminal shall be executed by a public security organ. After the sentence is served, the executing organ shall notify the criminal himself and publicly announce to the people concerned that public surveillance is ended or that his political rights are restored.
Article 219 If a criminal sentenced to a fine fails to pay the fine within the time limit, the People s Court shall compel him to pay. If he has true difficulty in paying because he has suffered an irresistible disaster, an order may be made to reduce the fine or exempt him from payment.
Article 220 All judgments on confiscation of property, whether imposed as a supplementary punishment or independently, shall be executed by the People s Courts; when necessary, the People s Courts may execute such judgments jointly with the public security organs.
Article 221 If a criminal commits a crime again while serving his sentence, or if a criminal act that is discovered was not known at the time of judgment, he shall be transferred by the executing organ to a People s Procuratorate for handling.
If a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment shows true repentance or renders meritorious service while serving his sentence and should be granted a commutation of sentence or be released on parole according to law, the executing organ shall submit a written recommendation to a People s Court for examination and an order.
Article 222 If a People s Procuratorate considers that the order on commutation of sentence or on parole made by a People s Court is improper, it shall, within 20 days from the date of receiving a copy of the written order, submit a written recommendation to the People s Court for correction. The People s Court shall, within one month from the date of receiving the recommendation, form a new collegial panel to handle the case and render a final order.
Article 223 If, during execution of a criminal punishment, the prison or any other executing organ believes that there is an error in the judgment or the criminal lodges a petition, it shall refer the matter to the People s Procuratorate or the People s Court that pronounced the original judgment for handling.
Article 224 The People s Procuratorates shall supervise the execution of criminal punishments by executing organs to see if the execution conforms to law. If they discover any illegalities, they shall notify the executing organs to correct them.
Article 225 The security departments of the Army shall exercise the power of investigation with respect to criminal offences that have occurred in the Army.
Crimes committed by criminals in prison shall be investigated by the prison.
The handling of criminal cases by the security departments of the Army and by prisions shall be governed by the relevant provisions of this law.
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