中华人民共和国刑事诉讼法英文版Word下载.docx

1、Chapter VII Incidental Civil ActionsChapter VIII Time Periods and ServiceChapter IX Other ProvisionsPart Two Filing a Case, Investigation, and Initiation of Public ProsecutionChapter I Filing a CaseChapter II InvestigationSection 1 General ProvisionsSection 2 Interrogation of the Criminal SuspectSec

2、tion 3 Questioning of the WitnessesSection 4 Inquest and ExaminationSection 5 SearchSection 6 Seizure of Material Evidence and Documentary EvidenceSection 7 Expert EvaluationSection 8 Wanted OrdersSection 9 Conclusion of InvestigationSection 10 Investigation of Cases Directly Accepted by the Peoples

3、 ProcuratoratesChapter III Initiation of Public ProsecutionPart Three TrialChapter I Trial OrganizationsChapter II Procedure of First InstanceSection 1 Cases of Public ProsecutionSection 2 Cases of Private ProsecutionSection 3 Summary ProcedureChapter III Procedure of Second InstanceChapter IV Proce

4、dure for Review of Death SentencesChapter V Procedure for Trial SupervisionPart Four ExecutionSupplementary ProvisionsPart OneGeneral ProvisionsChapter IAim and Basic PrinciplesArticle 1 This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of th

5、eCriminal Law, punishing crimes, protecting the people, safeguarding State and public security and maintaining socialistpublic order.Article 2 The aim of the Criminal Procedure Law of the Peoples Republic of China is: to ensure accurate and timelyascertainment of facts about crimes, correct applicat

6、ion of law, punishment of criminals and protection of the innocentagainst being investigated for criminal responsibility; to enhance the citizens awareness of the need to abide by law andto fight vigorously against criminal acts in order to safeguard the socialist legal system, to protect the citize

7、nspersonal rights; their property rights, democratic rights and other rights; and to guarantee smooth progress of the cause ofsocialist development.Article 3 The public security organs shall be responsible for investigation, detention, execution of arrests and preliminaryinquiry in criminal cases. T

8、he Peoples Procuratorates shall be responsible for procuratorial work, authorizing approval ofarrests, conducting investigation and initiating public prosecution of cases directly accepted by the procuratorial organs.The Peoples Courts shall be responsible for adjudication. Except as otherwise provi

9、ded by law, no other organs,organizations or individuals shall have the authority to exercise such powers.In conducting criminal proceedings, the Peoples Courts, the Peoples Procuratorates and the public security organs muststrictly observe this Law and any relevant stipulations of other laws.Articl

10、e 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security,performing the same functions and powers as the public security organs.Article 5 The Peoples Courts shall exercise judicial power independently in accordance with law and the PeoplesProcurato

11、rates shall exercise procuratorial power independently in accordance with law, and they shall be free frominterference by any administrative organ, public organization or individual.Article 6 In conducting criminal proceedings, the Peoples Procuratorates and the public securityorgans must rely on th

12、e masses, base themselves on facts and take law as the criterion. The law applies equally to allcitizens and no privilege whatsoever is permissible before law.Article 7 In conducting criminal proceedings, the Peopleorgans shall divide responsibilities, coordinate their efforts and check each other t

13、o ensure the correct and effectiveenforcement of law.Article 8 The Peoples Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings.Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in courtproceedi

14、ngs. The Peoples Procuratorates and the public security organs shall provide translations forany party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.Where people of a minority nationality live in a concentrated community or where a num

15、ber of nationalities live together inone area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices andother documents shall be issued in the written language commonly used in the locality.Article 10 In trying cases, the Peoples Courts shall

16、apply the system whereby the second instance is final.Article 11 Cases in the Peoples Courts shall be heard in public, unless otherwise provided by this Law. A defendant shallhave the right to defence, and the Peoples Courts shall have the duty to guarantee his defence.Article 12 No person shall be

17、found guilty without being judged as such by a Peoples Court according to law.Article 13 In trying cases, the Peoples Courts shall apply the system of peoples assessors taking part in trials inaccordance with this Law.Article 14 The Peoples Procuratorates and the public security organs shall safegua

18、rd the proceduralrights to which participants in proceedings are entitled according to law.In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of thedefendant may be notified to be present at the time of interrogation and trial.Participants i

19、n proceedings shall have the right to file charges against judges, procurators and investigators whose actsinfringe on their citizens procedural rights or subject their persons to indignities.Article 15 In any of the following circumstances, no criminal responsibility shall be investigated; if inves

20、tigation hasalready been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall beterminated, or innocence shall be declared:（1） if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime;（2） if the limitation period for

21、criminal prosecution has expired;（3） if an exemption of criminal punishment has been granted in a special amnesty decree;（4） if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or thecomplaint has been withdrawn;（5） if the criminal suspect

22、 or defendant is deceased; or（6） if other laws provide an exemption from investigation of criminal responsibility.Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should beinvestigated.If foreigners with diplomatic privileges and immunit

23、ies commit crimes for which criminal responsibility should beinvestigated, those cases shall be resolved through diplomatic channels.Article 17 In accordance with the international treaties which the Peoples Republic of China has concluded or acceded to oron the principle of reciprocity, the judicia

24、l organs of China and that of other countries may request judicial assistancefrom each other in criminal affairs.Chapter IIJurisdictionArticle 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided bylaw.Crimes of embezzlement and bribery, c

25、rimes of dereliction of duty committed by State functionaries, and crimes involvingviolations of a citizens personal rights such as illegal detention, extortion of confessions by torture, retaliation,frame-up and illegal search and crimes involving infringement of a citizens democratic rights - comm

26、itted by Statefunctionaries by taking advantage of their functions and powers - shall be placed on file for investigation by the PeopleProcuratorates. If cases involving other grave crimes committed by State functionaries by taking advantage of their functionsand powers need be handled directly by t

27、he Peoples Procuratorates, they may be placed on file for investigation by thePeoples Procuratorates upon decision by the Peoples Procuratorates at or above the provincial level.Cases of private prosecution shall be handled directly by the Peoples Courts.Article 19 The Primary Peoples Courts shall h

28、ave jurisdiction as courts of first instance over ordinary criminal cases;however, those cases which fall under the jurisdiction of the Peoples Courts at higher levels as stipulated by this Lawshall be exceptions.Article 20 The Intermediate Peoples Courts shall have jurisdiction as courts of first i

29、nstance over the following criminalcases:（1） counterrevolutionary cases and cases endangering State security;（2） ordinary criminal cases punishable by life imprisonment or the death penalty; and（3） criminal cases in which the offenders are foreigners.Article 21 The Higher Peoples Courts shall have jurisdiction as courts of first instance over major criminal cases thatpertain to an entire province （or autonomous region, or municipality directly under the Central Government）.Article 22 The Supreme Peopl