Provisions on Procedures for Handling Criminal Cases by Public Security Organs (amended)

Decree No. 35 of the Ministry of Public Security of the People's Republic of China

The Office meeting of the Minister of Public Security adopted the Amendment to the Procedures of Public Security Organs in Handling Criminal Cases

One chapter Mission and basic principles

Article 1 These Provisions are formulated for the purpose of ensuring the implementation of the Criminal Procedure Law of the People's Republic of China, ensuring that public security organs correctly perform their functions and powers in criminal proceedings, unifying case handling procedures, ensuring the quality of case handling and improving the efficiency of case handling。

Article 2 Tasks of public security organs in criminal proceedings，It is to ensure accurate and timely investigation of criminal facts，Proper application of law，Punish criminals，Protect innocent people from criminal prosecution，Educate citizens to consciously abide by the law，To combat crime，To safeguard the socialist legal system，Protect citizens' personal rights, property rights, democratic rights and other rights，Ensure the smooth progress of the cause of socialist construction。

Three basic functions and powers of public security organs in criminal proceedings，To file, investigate and pre-examine criminal cases in accordance with the law;To decide on and implement compulsory measures;No case shall be filed against those who are not investigated for criminal responsibility according to law，Cases of cancellation that have been pursued;Cases that should be prosecuted upon completion of investigation，Transfer it to the people's procuratorate for examination and decision;Criminal suspects who are not subject to criminal punishment need administrative treatment，Shall be dealt with according to law;Any criminal sentenced to fixed-term imprisonment of not more than one year or whose remaining term of imprisonment is not more than one year，To carry out criminal punishment on their behalf;Execution of public surveillance, criminal detention, deprivation of political rights, deportation, temporary execution outside prison;Supervision and investigation shall be carried out on prisoners who are released on parole or sentenced to probation of criminal detention or fixed-term imprisonment。

Article 4 In conducting criminal proceedings, public security organs shall rely on the masses, take facts as the basis and the law as the criterion。All citizens are equal in the application of the law and are not allowed any privileges before the law。

Article 5 Public security organs shall, in conducting criminal proceedings, share responsibilities with the people's courts and people's procuratorates, cooperate with and check each other so as to ensure the accurate and effective implementation of the law。

Article 6 Public security organs shall accept legal supervision of people's procuratorates when conducting criminal proceedings。

When conducting criminal proceedings, the seven public security organs shall establish and improve internal supervision systems such as case handling responsibility system and wrongful case responsibility investigation system。

In criminal proceedings, the public security organ at a higher level has the right to revoke or modify the decision made by the public security organ at a lower level or the case handled by the public security organ at a lower level if it finds that there are errors, and may also order the public security organ at a lower level to make corrections。

The lower public security organ shall implement the decision of the higher public security organ, and if it considers that there is a mistake, it may report to the higher public security organ at the same time of implementation。

Public security organs handling criminal cases must attach importance to evidence, investigation and research, do not believe confessions, and strictly prohibit extorting confessions by torture。

In handling criminal cases, the public security organs shall guarantee the litigation rights enjoyed by the participants in the proceedings according to law。

Public security organs shall be responsible for the handling of juvenile criminal cases by specialized agencies or full-time personnel, implement the policy of education, rehabilitation and rescue, take into account the physical and mental characteristics of minors, and protect their legitimate rights and interests。

Article 10 Public security organs at all levels shall, in handling criminal cases, request arrest and transfer for prosecution to the people's procuratorates at the same level in accordance with law, and strictly abide by the provisions on the time limit for handling criminal cases。

Article 11 In handling criminal cases, the public security organ shall translate for participants in the proceedings who are not familiar with the spoken and written languages commonly used in the locality。

In areas where minority nationalities live in concentrated communities or where several nationalities live together, the interrogation shall be conducted in the language commonly used there。Litigation documents published to the public shall be in the local language commonly used。

Article 12 In handling criminal cases, the public security organs shall strengthen mutual cooperation and cooperation among various regions, and strictly perform the duties of cooperation and investigation。

Article 13 In accordance with international treaties concluded or acceded to by the People's Republic of China and bilateral cooperation agreements signed by the Ministry of Public Security, or in accordance with the principle of reciprocity, Chinese public security organs and foreign police organs may request each other for criminal judicial assistance and police cooperation。

Chapter II Administration and Administration

Article 14 The division of jurisdiction over criminal cases shall be stipulated in accordance with the Criminal Procedure Law，Except for corruption and bribery，Crimes of dereliction of duty by state organ functionors，Crimes that infringe upon citizens' personal rights and infringe upon citizens' democratic rights, including illegal detention, extorting confessions by torture, obtaining evidence by force, reprisal and frame-up, and illegal search, committed by functionaries of state organs using their functions and powers，Crimes of beating, corporal punishment and maltreatment of detainees by custodial personnel, and crimes of military personnel violating their duties，Other major criminal cases committed by state organ functionaries with the approval of the people's procuratorates at or above the provincial level，And other private prosecution cases，Other criminal cases shall be under the jurisdiction of public security organs。

Where a criminal case directly accepted by the people's court with evidence proved by the victim is rejected due to insufficient evidence and can be accepted and transferred by the public security organ, the public security organ shall accept the case。

Article 15 Criminal cases shall be under the jurisdiction of the public security organ in the place where the crime was committed。If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect lives, it may be under the jurisdiction of the public security organ where the criminal suspect lives。

Article 16 Criminal cases over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that initially accepted them。If necessary, it may be under the jurisdiction of the public security organ in the place where the main crime was committed。

Article 17 Criminal cases whose jurisdiction is unclear may be subject to the jurisdiction of the relevant public security organs through consultation。

A criminal case with disputed jurisdiction or special circumstances may be designated for jurisdiction by a common superior public security organ。

Article 18 Public security organs at the county level shall be responsible for investigating criminal cases that occur within their jurisdiction;Public security organs at or above the local (city) level are responsible for the investigation of major foreign-related crimes, major economic crimes, major group crimes, and major criminal cases that are difficult for the public security organs at lower levels to detect。

Article 19 Jurisdiction over criminal cases within public security organs shall be determined in accordance with the establishment of criminal investigation organs and their division of duties。

Article 20 Criminal cases arising from organs, factories, sections, hospitals, schools, institutes, teams, industrial areas and other units of railway, communications and civil aviation systems，Criminal cases occurring in the working areas of stations, ports, docks, airports and trains, ships and civil aircraft，Criminal cases on railway construction sites，Criminal cases involving theft or destruction of railway, water transport, communication, power lines and other important facilities along railways and water transport routes，And internal employees in the railway, traffic line in the execution of the task of the case，It shall be under the jurisdiction of the railway, traffic and civil aviation public security organs in the locality of the case。

The public security organs of the forestry system shall be responsible for the investigation of criminal cases of illegal logging, indiscriminate logging, endangering terrestrial wild animals and rare plants within their jurisdiction;Forestry public security organs in large forest areas are also responsible for the investigation of other criminal cases within their jurisdiction。Where no special forestry public security organ has been established, it shall be under the jurisdiction of the local public security organ。

Article 21 When a criminal case investigated by a public security organ involves a case under the jurisdiction of a people's procuratorate, the criminal case under the jurisdiction of the people's Procuratorate shall be transferred to the people's Procuratorate。Where the main crime is suspected to be under the jurisdiction of a public security organ, the investigation shall be conducted mainly by a public security organ;Where the suspected principal crime is under the jurisdiction of the people's Procuratorate, the public security organ shall cooperate。

Article 22 The division of jurisdiction over criminal cases involving the public security organs and the military is as follows:

(1) If a serviceman commits a crime in a local area, the local public security organ shall promptly hand it over to the military security department for investigation。

(2) Where local personnel commit crimes in military barracks, the military security department shall transfer them to public security organs for investigation。

(3) Where servicemen and local personnel commit crimes together in military barracks, the military security department shall be the main organization for investigation, and the public security organ shall cooperate;Where a joint crime is committed in a local area, the public security organ shall be the main organization for investigation, and the military security department shall cooperate。

(4) Where an active serviceman commits a crime in a local area before joining the army and should be investigated for criminal responsibility according to law, the public security organ shall investigate and the military security department shall cooperate。

(5) If, after retiring from active service, a serviceman is found to have committed a crime in an army barracks during his service and should be investigated for criminal responsibility according to law, the military security department shall investigate and the public security organ shall cooperate。

(6) If a soldier commits a crime on his way out of the army after retiring from active service, or if a new recruit who has been approved for enlistment and has not yet gone through the handover formalities with the army commits a crime, he shall be investigated by a public security organ。

(7) Militia weapons warehouses under the management of local departments of human resources and armed forces, and military barracks, barracks, warehouses, airports and wharves handed over by the army or leased or loaned out to local units for use，And cases of non-infringement of military interests and rights and interests of soldiers in military dormitory areas where military and local personnel are mixed，Investigation by public security organs，The military security services cooperated。

(8) Cases arising from companies, factories and mines, hotels, restaurants, cinemas and theaters registered by the armed forces with the administrative departments for industry and commerce and operated as enterprises, as well as joint ventures between the armed forces and local governments, shall be investigated by public security organs, with the cooperation of the armed forces security departments。

In handling criminal cases involving the public security organs and the military, the public security organs and the relevant military security departments shall exchange information in a timely manner, strengthen cooperation and close cooperation;Cases with disputed jurisdiction shall be jointly studied and negotiated, and if necessary, may be settled by the superior organs of both parties through coordination。

The term "servicemen" as used in this Article refers to servicemen in active service, staff and workers of the armed forces and retired persons under the management of the armed forces。

Article 23 The division of jurisdiction over criminal cases involving public security organs and armed police forces shall be handled in accordance with the principle of division of jurisdiction over criminal cases involving public security organs and the military。

The criminal cases of the frontier security, fire protection and security departments listed in the sequence of the armed police force, as well as the personnel of the gold, traffic, hydropower and forest forces of the armed police shall be under the jurisdiction of the public security organs。

 Three chapters retreat

Article 24 Persons in charge of public security organs and investigators shall recuse themselves under any of the following circumstances, and the parties and their legal representatives shall also have the right to request them to recuse themselves:

(1) he is a party to the case or a close relative of the party;

(2) he or his near relatives have an interest in the case;

(3) having served as a witness, expert witness, defender or agent AD litem in the case;

(4) Having other relations with the parties to the case, which may affect the impartial handling of the case。

25. Where a person in charge of a public security organ or an investigator submits an application for withdrawal on his own, he shall state the reasons for the withdrawal;Where an application is made orally, it shall be put on record。

Article 26 Persons in charge of public security organs and investigators shall not accept invitations and gifts from parties and their clients, and shall not meet with parties and their clients in violation of regulations。Those who violate the provisions shall be investigated for legal responsibility according to law。The parties and their legal representatives have the right to request their recusal。

Article 27 Where the parties and their legal representatives request the person in charge of the public security organ or the investigator to withdraw, they shall submit an application and state the reasons。Where an application is made orally, the public security organ shall put it on record。

Article 28 The withdrawal of investigators shall be decided by the person in charge of the public security organ at or above the county level;The withdrawal of a person in charge of a public security organ at or above the county level shall be decided by the procuratorial committee of the people's Procuratorate at the same level。

29. If the person in charge of the public security organ or the investigator has one of the circumstances that should be recused, and he does not recuse himself, and the parties and their legal representatives do not apply for their recusal, the procuratorial committee of the people's Procuratorate at the same level or the person in charge of the public security organ at or above the county level shall decide on their recusal。

Article 30 After the public security organ has made a decision to reject the application for withdrawal, it shall inform the parties and their legal representatives, and if it refuses to accept the decision, it may apply for reconsideration to the original decision organ within five days after receiving the Decision on Rejecting the application for withdrawal。

Article 31 Where a party or his legal representative refuses to accept the decision rejecting the application for withdrawal and applies for reconsideration, the policy-making authority shall, within three days, make a reconsideration decision and notify the applicant in writing。

Article 32 In the course of investigation, where the expert witnesses, recorders and translators need to withdraw, the responsible person of the public security organ at or above the county level shall decide。

The provisions of this chapter shall apply to the withdrawal of appraisers, recorders and translators。

Article 13 Whether the person in charge of the public security organ, the investigator, the expert witness, the recorder and the interpreter who has been recused is valid before the recusal decision is made shall be decided by the organ making the decision in the light of the circumstances of the case。

Article 34 Before the withdrawal decision is made or during the reconsideration period, the person in charge of the public security organ or the investigator may not stop the investigation of the case。

Chapter Four: Lawyers participate in criminal proceedings

Article 35 Public security organs shall protect lawyers' practice activities in accordance with the law, and ensure that lawyers engage in the following businesses in accordance with the law during the investigation stage:

(1) to obtain information from the public security organs about the charges suspected of the criminal suspect;

(2) Meeting with the criminal suspect and learning about the case from the criminal suspect;

(3) Providing legal advice to criminal suspects, representing appeals and charges;

(4) Apply for bail pending trial for the arrested criminal suspect。

Article 36 After the first interrogation of a criminal suspect according to law or the date of taking compulsory measures, the public security organ shall inform the criminal suspect that he has the right to hire a lawyer to provide him with legal advice, complaints and charges, and record them。

Article 37 For cases involving state secrets, the public security organ shall inform the criminal suspect that the appointment of a lawyer must be approved by the public security organ。

Cases involving state secrets refer to cases where the facts or nature of the case involve state secrets, and cannot be classified as cases involving state secrets because relevant materials and handling opinions in the course of criminal investigation need to be kept secret。

Article 38 A criminal suspect may hire a lawyer himself, and his relatives may also hire a lawyer on his behalf。

A suspect's request for a lawyer may be made in writing or orally。If it is orally proposed, the public security organ shall make a written record, which shall be signed (stamped) and fingerprinted by the criminal suspect。

Article 39 Where a criminal suspect in custody requests to hire a lawyer, the detention house shall promptly convey his request to the investigating organ handling the case, and the investigating organ shall promptly convey the request to the person entrusted by him or to the law firm where he works。If a criminal suspect only requests to hire a lawyer, but fails to mention the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him。

Article 40 Criminal suspects in the same case shall not retain the same lawyer。

Article 41 In cases involving state secrets, where a criminal suspect or his relatives request to hire a lawyer, the public security organ at or above the county level shall, within three days of receiving the application, make a decision on approval or disapproval, and notify the criminal suspect or his relatives。

Article 42 Where the public security organ finds a case involving state secrets and the criminal suspect has hired a lawyer, it shall promptly inform the lawyer it has hired not to participate in the litigation activities at the investigation stage, and notify the criminal suspect at the same time。Criminal suspects still insist on hiring, should be approved by the public security organ。

Article 43 For cases that do not involve state secrets, lawyers do not need approval to meet with criminal suspects, and public security organs should not refuse approval for cases involving state secrets on the grounds that secrecy is required during investigation。

For cases involving state secrets, where lawyers request to meet criminal suspects, the Application Form for Meeting Criminal Suspects shall be filled out and approved by public security organs at or above the county level。If the public security organ does not approve the meeting, it shall explain the reasons to the lawyer。

Article 44 Where a lawyer proposes to meet a criminal suspect，The public security organ shall arrange an interview within 48 hours;For major and complex joint crimes such as the crime of organizing, leading or participating in triad organizations, the crime of organizing, leading or participating in terrorist organizations, or the crime of smuggling, drug crimes, embezzlement and bribery，The lawyer offered to interview the suspect，An interview should be arranged within five days。

Article 45 If a lawyer needs to hire an interpreter when meeting with a criminal suspect in custody, he shall obtain permission from the public security organ。

Article 46 When a lawyer meets a criminal suspect in custody, the public security organ may, according to the circumstances and needs of the case, send officers to be present。

Article 47 When a lawyer meets a criminal suspect in custody, the public security organ shall examine the lawyer's practice certificate, the letter of introduction from the law firm, the letter of appointment, the notice of the public security organ's meeting and the certificate of allowing the interpreter to participate in the meeting。For cases involving state secrets, the public security organ's Decision to Approve meetings with Criminal Suspects should also be examined.。

When a lawyer meets a criminal suspect in custody, the public security organ shall inform him to abide by the provisions of the meeting place。

Article 48 When a lawyer meets a criminal suspect in custody in violation of the provisions of the law or the provisions of the meeting place, the police present shall stop the meeting, and may decide to stop the meeting when necessary。

Article 49 Where a lawyer violates relevant provisions in criminal proceedings, the public security organ shall promptly stop and notify the lawyer administrative department。

Five chapters of evidence

Article 50 evidence refers to all the facts that prove the true circumstances of a case。

There are seven types of evidence:

(1) material evidence and documentary evidence;

(2) witness testimony;

(3) victim statements;

(4) the confession and justification of the criminal suspect;

(5) appraisal conclusions;

(6) Records of investigation and examination;

(7) Audio-visual materials。

Evidence must be verified before it can be used as a basis for a decision。

Article 51 Public security organs shall, in accordance with legal procedures, collect all kinds of evidence that can prove the criminal suspect's guilt or innocence and the seriousness of the crime。It is strictly prohibited to extort confessions by torture and to collect evidence by threat, inducement, deception or other illegal means。It is necessary to ensure that all citizens who are involved in the case or who have knowledge of the case have the conditions to provide evidence objectively and fully, except in exceptional circumstances, and that they can be recruited to assist in the investigation。

Article 52 When the public security organ collects or obtains evidence from relevant units and individuals, it shall inform them that they must truthfully provide evidence。

Evidence involving state secrets and technical investigation measures for obtaining criminal evidence shall be kept secret。

Anyone who forges, conceals or destroys evidence shall be prosecuted by law。

Article 53 When a public security organ obtains physical evidence from a relevant unit or individual, it shall issue a Notice of obtaining Evidence upon approval by the head of the public security organ at or above the county level.。The unit or individual to be transferred shall seal or sign the notice, and if he refuses to seal or sign, the public security organ shall indicate it。

The written evidentiary materials collected or obtained by the public security organ from the relevant unit shall be signed by the provider and stamped with the seal of the unit;The written evidentiary materials collected or obtained by the public security organ from an individual shall be signed or sealed by the individual after confirmation。

Article 54 All persons who know the circumstances of a case have the duty to testify。

A person who is physically or mentally defective or young, unable to distinguish right from wrong, or unable to express himself correctly, cannot be a witness。

Whether a witness can distinguish right from wrong and express himself correctly may be examined or authenticated if necessary。

Article 55 The public security organ shall ensure the safety of witnesses and their close relatives。

Whoever threatens, insults, beatings or retaliates against a witness or his close relatives, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law。

Article 56 The facts of a case to be ascertained include:

(1) the identity of the criminal suspect;

(2) whether the criminal act under investigation exists;

(3) whether the criminal act filed for investigation was carried out by the criminal suspect;

(4) the motive and purpose of the criminal suspect in committing the criminal act;

(5) the time, place, means, consequences and other circumstances of the commission of the criminal act;

(6) the responsibility of the criminal suspect and the relationship with other co-criminals;

(7) Whether the criminal suspect is legally given a heavier, lighter, mitigated punishment or exempted from punishment;

(8) other facts relevant to the case。

Article 57 The documentary evidence collected or transferred shall be the original。If it is difficult to obtain the original or necessary for security purposes, copies or duplicates may be made。

The material evidence collected or retrieved shall be the original。Where the original object is inconvenient to carry or keep or should be returned to the victim according to law, photographs or video recordings that are sufficient to reflect the appearance or content of the original object may be taken。

Article 58 Copies or copies of documentary evidence, copies of audio-visual materials, photos or videos of material evidence shall be accompanied by a written description of the production process and a description of the storage place of the original and original materials, and shall be signed or sealed by the producer。

Article 59 The public security organ's request for approval of arrest and the opinion on prosecution shall be faithful to the truth。Whoever intentionally conceals the truth shall be investigated for responsibility。

Chapter six: Compulsory measures

A section of detention

Article 60 The public security organ may, according to the circumstances of the case, detain a criminal suspect who needs to be summoned, or who fails to appear in the case without a valid reason, and detain him or her to a designated place in the city or county where he or she is located for questioning。

Where detention is required, the Report on Application for detention shall be filled out, with relevant materials attached, and submitted to the responsible person of the public security organ at or above the county level for approval。

Article 61 The public security organ shall produce the Warrant of Detention for summoning a criminal suspect, and order him to sign (seal) and affix his fingerprints on the Warrant of Detention。

After the suspect arrives at the case, he shall be ordered to fill in the time of arrival on the "Detention and Summoning Certificate"。After the end of the interrogation, he shall fill in the interrogation end time on the "detention and Summons"。If the criminal suspect refuses to fill it out, the investigator shall indicate it on the Warrant of Detention。

Article 62 The duration of detention shall not exceed 12 hours, and a criminal suspect shall not be detained in disguise in the form of continuous detention。

If it is necessary to change the detainee to other compulsory measures, a decision on approval or disapproval shall be made within the period of detention;If approval is not granted, the detention shall be terminated immediately。

Section 2 Bail pending trial

Article 63 The public security organ may obtain bail pending trial for a criminal suspect under any of the following circumstances:

(1) may be sentenced to public surveillance, criminal detention or independent application of additional penalties;

(2) may be sentenced to fixed-term imprisonment or more, take bail pending trial, will not cause social danger;

(3) The criminal suspect who should be arrested is suffering from a serious illness, or is a woman who is pregnant or breastfeeding her baby under one year old;

(4) where the evidence of the detained criminal suspect does not meet the conditions for arrest;

(5) After the request for arrest is made, the procuratorial organ does not approve the arrest, which requires reconsideration or review;

(6) The case in which the criminal suspect is in custody cannot be concluded within the statutory time limit, and further investigation is required;

(7) After the transfer for prosecution, the procuratorial organ decides not to prosecute, which requires reconsideration or review。

Article 64 A recidivism offender, a principal criminal of a criminal group, a criminal suspect who evades investigation by means of self-injury or self-injury, a criminal suspect who commits a crime endangering state security, a violent crime, or any other serious crime, shall not be granted bail pending trial。

Article 65 Where a criminal suspect in custody, his legal representative, his close relatives or a lawyer hired by the arrested criminal suspect applies for bail pending trial, he shall submit an application in writing。The public security organ shall, upon receipt of the application, give a reply of consent or disapproval within seven days。If he agrees to obtain bail pending trial, he shall go through the formalities for obtaining bail pending trial according to law;If he does not agree to bail pending trial, he shall notify the applicant in writing and explain the reasons。

Article 66 Where it is necessary for a criminal suspect to be released on bail pending trial, a Report on Application for bail pending trial shall be prepared, explaining the reasons for release on bail pending trial and the way of guarantee to be adopted, approved by the head of the public security organ at or above the county level, and a Decision on Release on bail shall be issued.。The "bail pending trial decision" shall be read to the criminal suspect, signed (stamped) by the criminal suspect, fingerprinting。

Article 67 Where the public security organ decides to release a criminal suspect on bail pending trial, it shall order the criminal suspect to put forward a guarantor or pay a deposit。

For the same criminal suspect, he may not be ordered to put forward the guarantor and pay the deposit at the same time。

Article 68 A criminal suspect who meets the conditions for bail pending trial may be placed under residential surveillance if he neither pays a bond nor is guaranteed by a surety。

Article 69 Where a surety is taken, the surety shall meet the following conditions and be examined and approved by the public security organ:

(1) Not implicated in the case;

(2) It has the ability to fulfill its warranty obligations;

(3) The enjoyment of political rights and the freedom of the person is not restricted;

(4) Having a fixed residence and income。

Article 70 The surety shall perform the following obligations:

(1) To supervise the guarantor's compliance with the provisions of Article 86 of these Provisions;

(2) Where the guarantor is found to have committed or has committed acts in violation of Article 86 of these provisions, he shall promptly report to the public security organ executing the guarantor pending trial。

Article 71 The guarantor shall fill out the Guarantee and sign or seal the Guarantee。If the guarantor violates the provisions to be observed and the guarantor fails to report in time, the public security organ shall, upon verification, issue a Decision on the Guarantor's Fine with the approval of the person in charge of the public security organ at or above the county level, impose a fine on the guarantor;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

Article 72 The public security organ shall announce the decision on the guarantor's fine to the guarantor, and inform him that if he is not satisfied with the decision on the fine, he may apply for a review to the public security organ at the next higher level within five days from the date of receiving the Decision on the Guarantor's fine。

The public security organ at the next higher level shall make a decision within seven days from the date of receiving the application for review。Where a higher-level public security organ revokes or modifies the decision on a fine, the lower-level public security organ shall implement it。

Article 73 Where a surety surety is used for a criminal suspect, if the surety is unwilling to continue to surety or loses the conditions of surety due to changes in the surety pending trial, the criminal suspect shall be ordered to submit a surety again or pay the surety bond。

Article 74 Where a criminal suspect is ordered to pay a deposit, it shall, after strict examination and verification, be reported to the responsible person of the public security organ at or above the county level for approval。

Where a criminal suspect is ordered to pay a relatively high amount of deposit, approval shall be obtained from the person in charge of the public security organ at or above the local (municipal) level。

Article 75 The amount of security deposit shall be determined based on comprehensive consideration of the local economic development level, the economic situation of the criminal suspect, the nature and circumstances of the case, the social harm and the severity of the possible penalty。

The deposit shall be paid in Renminbi or in a currency convertible at a Chinese financial institution。

Article 76 The security deposit shall be paid by the criminal suspect or his relatives and friends, legal agent or unit to a special bank account designated by the public security organ。

It is strictly prohibited to withhold, withdraw, misappropriate or misappropriate the security deposit in any other form。

Article 77 When the public security organ notifies the criminal suspect to pay the security deposit, it shall inform him of the provisions to be observed and the consequences to be assumed if he violates the provisions。

Article 78 A criminal suspect violates relevant provisions while on bail awaiting trial，Public security organs shall be based on the circumstances of their illegal acts，Decides to forfeit part or all of the deposit，And distinguish the situation，Order them to make a statement of repentance, pay a new deposit, and put forward a guarantor，Or change to residential surveillance，Or submit it to the people's procuratorate for approval to make an arrest。

Article 79 Where the deposit needs to be confiscated, it shall, after strict examination and verification, be reported to the head of the public security organ at or above the county level for approval, and a Decision on the confiscation of deposit shall be issued.。

The decision to confiscate a relatively high amount of security deposit shall be approved by the head of the public security organ at or above the local (city) level。

Article 80 Decision on forfeiture of security deposit，The public security organ shall read it to the criminal suspect within seven days，And order them to sign (seal) and stamp on the "Confiscation of deposit Decision";The suspect is on the run，The announcement shall be made to the family members, legal representatives or units of criminal suspects，And require their family members, legal representatives or the responsible person of the unit to sign or seal the Decision on Confiscation of deposit。

If the criminal suspect or his family member, legal representative or person in charge of the unit refuses to sign or seal, the public security organ shall indicate in the Decision on Confiscation of deposit。

Article 81 When the public security organ reads the Decision on Confiscation of deposit to the criminal suspect, it shall inform him that if he refuses to accept the decision on confiscation of deposit, he may apply for a review by the public security organ at the next higher level within five days。

The public security organ at the next higher level shall make a decision within seven days from the date of receiving the application for review。Where the higher-level public security organ revokes or modifies the decision on confiscation of security deposit, the lower-level public security organ shall implement it。

Article 82 After the time limit for review of the decision to confiscate the security deposit of a criminal suspect has expired or after the review, the public security organ shall promptly notify the designated bank to turn over the confiscated security deposit to the state Treasury in accordance with the relevant provisions of the State。

Article 83 If the criminal suspect does not violate the relevant provisions of Article 86 of these Provisions during the period of bail pending trial, or has one of the circumstances specified in Article 168 of these Provisions, the public security organ shall return the deposit to the criminal suspect in full when the bail is released pending trial。

Article 84 Where a decision is made to return the deposit, it shall, after strict examination and verification, be submitted to the responsible person of the public security organ at or above the county level for approval and a Decision on returning the deposit shall be issued.。

Article 85 After the public security organ decides to return the security deposit of the criminal suspect, it shall notify the designated bank to return the security deposit in full to the criminal suspect while releasing the criminal suspect pending trial, and the criminal suspect shall sign (seal) and stamp his finger on the Decision on Returning the security deposit。

Article 86 The public security organ shall announce to the criminal suspect on bail that he shall observe the following provisions:

(1) Not to leave the city or county where he lives without the approval of the executing organ;

(2) Be present at the time of the summons;

(3) Not to interfere with the testimony of witnesses in any form;

(4) May not destroy, falsify evidence or collude in confessions。

Article 87 Where the public security organ decides to obtain bail pending trial, it shall promptly notify the police station where the suspect resides for implementation。

Article 88 Where a people's court or people's procuratorate decides to obtain bail pending trial，Should be handled differently: take the guarantor guarantee，The county-level public security organ responsible for enforcement shall, upon receipt of legal documents and relevant materials，After verifying the person on bail，Promptly designate the police station where the suspect or defendant lives for execution;Guaranteed by margin，The public security organ at the county level responsible for enforcement receives the legal documents and relevant materials，The person awaiting trial on bail shall be promptly notified to pay the deposit，And designate the police station where the suspect or defendant lives to execute。

If the person awaiting bail or the guarantor violates the provisions to be observed, the public security organ at or above the county level shall decide to confiscate the bond or impose a fine on the guarantor, and shall promptly notify the organ that originally decided to obtain the bail pending trial of the situation。

Where the people's court or the people's procuratorate makes a decision to cancel or change the bail pending trial, the public security organ shall cancel the bail pending trial in accordance with the written decision of the people's court or the people's procuratorate, and return the deposit。

Article 89 A criminal suspect or defendant who has been granted bail may not leave the city or county he lives in or his residence without justifiable reasons, and if he needs to leave the city or county he lives in for justifiable reasons, he shall report to the county public security organ that executes the bail pending trial for approval。Where a people's court or people's procuratorate decides to grant bail pending trial, the public security organ shall, before making the decision, obtain the consent of the original decision making organ。

Article 90 A police station that performs bail pending trial shall perform the following duties:

(1) To supervise and inspect the compliance of criminal suspects and defendants with relevant provisions;

(2) To supervise the performance of the surety obligations;

(3) If the criminal suspect or defendant violates the provisions to be observed and the guarantor fails to perform the guarantee obligation, promptly notify the decision authority;

(4) Notify the original decision authority ten days before the expiration of the period for bail。

Article 91 The police station that executes bail pending trial shall order the criminal suspect or defendant who is granted bail pending trial to report the relevant situation on a regular basis and make a written record。

Article 92 The public security organ shall not interrupt the investigation of the case during the period of obtaining bail pending trial, and shall, in the light of changes in the case of a criminal suspect on bail pending trial, modify the compulsory measures in a timely manner or terminate the release of the criminal suspect on bail pending trial。

The length of bail shall not exceed twelve months。

Article 93 If it is necessary to revoke the release of a bail pending trial, the original decision organ shall make a written decision or notice on the release of a bail pending trial and serve it on the executing organ。The executing organ shall promptly notify the person awaiting trial on bail or the guarantor。

Three sections of residential surveillance

Article 94 The public security organ may place a criminal suspect under residential surveillance under any of the following circumstances:

(1) may be sentenced to public surveillance, criminal detention or independent application of additional penalties;

(2) may be sentenced to fixed-term imprisonment or more, residential surveillance, will not cause social danger;

(3) The criminal suspect who should be arrested is suffering from a serious illness, or is a woman who is pregnant or breastfeeding her baby under one year old;

(4) where the evidence of the detained criminal suspect does not meet the conditions for arrest;

(5) After the request for arrest is made, the procuratorial organ does not approve the arrest, which requires reconsideration or review;

(6) The case in which the criminal suspect is in custody cannot be concluded within the statutory time limit, and further investigation is required;

(7) After the transfer for prosecution, the procuratorial organ decides not to prosecute, which requires reconsideration or review。

Article 95 For residential surveillance of criminal suspects, a Report on Petitions for residential surveillance shall be prepared, and a Decision on residential surveillance shall be issued upon approval of the person in charge of the public security organ at or above the county level.。

Article 96 Where the public security organ decides on residential surveillance for a criminal suspect, it shall read the Written Decision on Residential Surveillance to the criminal suspect, have the criminal suspect sign (seal) and stamp his finger, and notify the police station responsible for the implementation。

During the period of residential surveillance of a criminal suspect, the public security organ may, according to the needs of the case, temporarily detain his identity certificate and motor vehicle (boat) driving certificate。

Article 97 The public security organ shall announce to the criminal suspect under residential surveillance that he shall observe the following provisions:

(1) Not to leave his residence without the approval of the executing organ, or, if he has no fixed residence, not to leave the designated residence without approval;

(2) Not to meet with anyone other than the co-resident and the lawyer hired by him without the approval of the executing organ;

(3) Be present at the time of the summons;

(4) Not to interfere with the testimony of witnesses in any form;

(5) No evidence may be destroyed, falsified or confided in。

Article 98 "fixed residence" means the legal residence where a criminal suspect lives in the city or county where the case-handling organ is located;The designated residence refers to the living residence designated by the public security organ for the criminal suspect in the city or county where the case-handling organ is located according to the circumstances of the case。

Public security organs shall not establish special residential surveillance places to detain criminal suspects in disguise。Residential surveillance may not be carried out in detention centers, administrative detention centers, detention rooms, or other workplaces of public security organs。

Article 99 Where a criminal suspect under residential surveillance violates the provisions to be observed and has one of the following circumstances, the public security organ shall request approval for arrest:

(1) Escaping during the period of residential surveillance;

(2) interfering with the testimony of a witness by means of violence or threat;

(3) destroying or forging evidence or making confessions in collusion;

(4) committing criminal activities during the period of residential surveillance;

(5) committing other acts that violate the provisions of Article 97 of these Provisions, and the circumstances are serious。

Article 100 Where a person under residential surveillance has legitimate reasons to request to leave his residence or designated residence, the police station responsible for enforcement shall report to the public security organ at the county level for approval。Where a people's court or people's procuratorate decides on residential surveillance, the public security organ shall, before making the decision, obtain the consent of the organ that originally made the decision。

Article 101 Where a public security organ decides to conduct residential surveillance, it shall be carried out by the police station in the place of the suspect's residence or designated residence。

Article 102 Where a people's court or people's procuratorate decides to conduct residential surveillance, the public security organ at the county level responsible for enforcement shall, after receiving legal documents and relevant materials and verifying the person under surveillance, promptly designate the residence of the person under surveillance or the local police station where his residence is located for enforcement。

If a criminal suspect or defendant violates the provisions to be observed, the county-level public security organ that executes residential surveillance shall promptly notify the organ that originally decided to conduct residential surveillance。

Where a people's court or people's procuratorate makes a decision to terminate or change residential surveillance, the public security organ shall terminate residential surveillance in accordance with the written decision of the original decision organ。

103. During the period of residential surveillance, the public security organ shall not interrupt the investigation of the case, and the criminal suspect under residential surveillance shall, in light of changes in the case, promptly terminate the residential surveillance or change the compulsory measures。

The period of residential surveillance shall not exceed six months。Ten days before the expiration of the period of residential surveillance, the executing organ shall notify the original deciding organ。

Article 104 If residential surveillance needs to be removed, a Decision on the removal of residential surveillance shall be issued with the approval of the head of the public security organ at or above the county level.。

The execution organ, the resident under surveillance and the unit concerned shall be notified promptly of the removal of residential surveillance。

Four sections of detention

Article 105 A public security organ may first detain an active criminal or a major suspect under any of the following circumstances:

(1) being in the process of preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;

(2) The victim or a person present who witnessed the crime points out that he committed a crime;

(3) Evidence of a crime is found around him or at his residence;

(4) attempts to commit suicide, escape or run away after committing a crime;

(5) There is a possibility of destroying or forging evidence or colluding in confessions;

(6) not giving his real name or address, or his identity is unknown;

(7) There is a major suspicion of committing crimes by traveling, committing crimes multiple times, or committing crimes in partnership。

Article 106 Where a criminal suspect is detained, a Report Requesting Detention shall be filled out, and a Detention Warrant shall be issued with the approval of the person in charge of the public security organ at or above the county level.。When executing detention, the Detention Certificate shall be produced, and the detainee shall be ordered to sign (seal) and stamp his finger on the Detention Certificate. If he refuses to sign (seal) or stamp his finger, the investigator shall indicate it。

For any of the circumstances listed in Article 105 of these Provisions, where it is too late to handle the detention procedures due to emergency circumstances, legal procedures shall be handled immediately after the criminal suspect is taken to the public security organ。

Article 107 The public security organ shall interrogate a detainee within 24 hours of detention。If it is found that he should not be detained, a Notice of Release shall be issued with the approval of the head of the public security organ at or above the county level, and the detention house shall issue a Certificate of release to the detainee on the basis of the Notice of Release and release him immediately。

Article 108 After detention, a Notice of detention shall be prepared within 24 hours and served on the family members or units of the detainee, but under any of the following circumstances, with the approval of the head of the public security organ at or above the county level, the notice may not be given:

(1) The criminal suspect in the same case may flee, conceal, destroy or falsify evidence;

(2) not giving his real name or address, or his identity is unknown;

(3) other cases that hinder investigation or cannot be notified。

After the above circumstances are eliminated, the detainee's family members or the unit to which he belongs shall be notified immediately。

If the notice is not given within 24 hours, the reason shall be indicated in the notice of detention。

Article 109 Where a detained criminal suspect is found to need to be arrested after examination, he shall, within three days after detention, submit the case to the people's procuratorate for examination and approval。Under special circumstances, with the approval of the head of the public security organ at or above the county level, the time limit for submitting an arrest request for examination and approval may be extended by one to four days。

For major suspects who commit crimes on the run, repeatedly or in a gang, the time limit for submitting an application for examination and approval may be extended to 30 days upon approval by the head of the public security organ at or above the county level。

Article 110 A fugitive crime refers to a continuous crime committed across the jurisdiction of a city or county, or a crime committed in a place of residence after fleeing to another city or county to continue the crime。

Multiple crimes means committing crimes more than three times。

Gang crime refers to two or more persons committing a crime jointly。

Article 111 If it is necessary to extend the period of detention, the case-handling unit shall, within 24 hours before the expiration of the period, prepare a Report on Application for Extension of the period of Detention and submit it to the responsible person of the public security organ at or above the county level for approval。

Article 112 If a criminal suspect does not disclose his real name, address, or identity, and cannot be identified within 30 days and requests approval for arrest, upon approval by the head of the public security organ at or above the county level, the period of detention shall be counted from the date his identity is identified, but the investigation of his criminal acts shall not be stopped。

In cases where there is evidence to prove the fact of a crime, an application may also be made for approval of arrest in accordance with the name declared by the person。

Article 113 After examining the detained criminal suspects, they shall, according to the circumstances of the case, be reported to the head of the public security organ at or above the county level for approval, and shall be dealt with as follows:

(1) If it is necessary to make an arrest, within the period of detention, go through the procedures for submitting an application for approval of arrest according to law;

(2) Where criminal responsibility should be investigated, but arrest is not necessary, after going through the procedures for obtaining bail pending trial or residential surveillance in accordance with law, the case shall be directly transferred to a people's procuratorate for prosecution;

(3) If the criminal facts cannot be ascertained during the period of detention, the investigation shall continue after the formalities of obtaining bail pending trial or residential surveillance are completed according to law;

(4) In any of the circumstances provided for in Article 168 of these Provisions, the case shall be dismissed, the detainee released, and a release certificate issued。Where administrative handling is necessary, it shall be handled according to law。

Article 114 If a people's procuratorate decides to detain a criminal suspect, the public security organ at or above the county level shall issue a Detention Warrant on the basis of the legal document served by the people's Procuratorate on the decision to detain the suspect and immediately execute it。When necessary, the people's procuratorate may be asked for assistance。After detention, the people's procuratorate shall be promptly notified for interrogation, and the people's Procuratorate shall notify the family members of the detainee or the unit to which he belongs。

Five sections caught

Article 115 Where there is evidence to prove that a criminal suspect has committed a crime and may be sentenced to imprisonment or more, the adoption of such methods as bail pending trial or residential surveillance is not sufficient to prevent the occurrence of social danger, and if it is necessary to arrest him, he shall immediately apply for approval of arrest。

If a criminal suspect who should be arrested is suffering from a serious illness or is a woman who is pregnant or breastfeeding her own baby, the method of obtaining a bail pending trial or under residential surveillance may be adopted。

Article 116 Where there is evidence to prove that a crime has been committed, the term means that the following circumstances exist at the same time:

(1) There is evidence that a crime has been committed;

(2) There is evidence to prove that the criminal facts were committed by the criminal suspect;

(3) The evidence proving that the criminal suspect committed the criminal act has been verified。

The fact of a crime can be one of several criminal acts committed by a criminal suspect。

Article 117 Where it is necessary to request approval of the arrest of a criminal suspect, the person in charge of the public security organ at or above the county level shall approve the preparation of a Letter of Request for Approval of arrest in triplicate, which shall be transferred together with case files and evidence to the people's procuratorate at the same level for review。

Article 118 Where the people's Procuratorate does not approve the arrest and notifies the supplementary investigation, the public security organ shall conduct supplementary investigation in accordance with the requirements of the outline of the supplementary investigation of the people's Procuratorate。

If the public security organ has completed the supplementary investigation and considers that the conditions for arrest are met, it shall submit a new request for approval of arrest。

Article 119 If the people's procuratorate does not approve the arrest without giving reasons, the public security organ may request the people's procuratorate to give reasons。

Article 120 Where the people's Procuratorate decides not to approve the arrest, the public security organ, after receiving the decision not to approve the arrest, if the criminal suspect has been detained, shall immediately release him, issue a Release Certificate, and deliver the execution receipt within three days to the people's procuratorate that made the decision not to approve the arrest。

For a criminal suspect who has been detained and has not been approved for arrest, if the public security organ considers it necessary to make additional investigations, request reconsideration or submit a request for review, it may be changed to parole pending trial or residential surveillance。

121 For the people's procuratorate's decision not to approve the arrest, it considers that there is a mistake and needs to be reviewed, it shall, within five days, prepare a "Request for reconsideration" and submit it to the people's procuratorate at the same level for reconsideration after approval by the head of the public security organ at or above the county level。

If the opinion is not accepted and it is considered necessary to review, it shall, within five days, prepare a "Submission for Review" and submit it to the person in charge of the public security organ at or above the county level for approval, together with the "Reconsideration Decision" of the people's Procuratorate, and submit it to the people's Procuratorate at the next level for review。

Article 122 Upon receipt of the People's Procuratorate's "Decision on Approval of Arrest", the person in charge of the public security organ at or above the county level shall issue an "Arrest Warrant", execute it immediately, and promptly deliver the execution receipt to the people's procuratorate that approved the arrest。In case of failure to execute, the return receipt shall also be sent to the People's Procuratorate, and the reason for the failure to execute shall be stated。

Article 123 When executing an arrest, the Arrest Warrant shall be produced to the arrested person, and the arrested person shall be ordered to sign (seal) and affix his fingerprints on the Arrest Warrant。

No fewer than two investigators shall execute the arrest。

Article 124 An arrested person shall be interrogated within 24 hours of his arrest, and if it is found that he should not have been arrested, a Notice of release shall be issued upon approval of the head of the public security organ at or above the county level。On the basis of the Notice of Release, the detention house issues a Release Certificate to the arrested person, releases him immediately, and notifies the people's procuratorate that originally approved the arrest of the reasons for his release in writing。

Article 125 After the arrest of a criminal suspect, a Notice of arrest shall be prepared within 24 hours and served on the family members or units of the arrested person, but under any of the following circumstances, with the approval of the head of the public security organ at or above the county level, the notice may not be given:

(1) The criminal suspect in the same case may flee, conceal, destroy or falsify evidence;

(2) failing to disclose his real name, address or identity;

(3) other cases that hinder investigation or cannot be notified。

After the above circumstances are eliminated, the family members of the arrested person or the unit to which he belongs shall be notified immediately。

If the notice is not given within 24 hours, the reason shall be indicated in the notice of arrest。

Article 126 If a people's court or people's procuratorate decides to arrest a criminal suspect or defendant, the public security organ at or above the county level shall issue an arrest warrant and execute it immediately on the basis of the legal document on which the people's court or people's procuratorate decides to arrest the suspect or defendant, and promptly deliver the execution receipt to the organ that made the decision。If it is not implemented, the receipt shall also be sent to the authority that made the original decision, and the reasons for the failure to implement it shall be stated。When necessary, a people's court or a people's procuratorate may be requested to assist in execution。

After arrest, the people's court and the people's procuratorate shall be promptly notified for interrogation, and the people's court and the people's procuratorate shall notify the family members of the arrested person or the unit to which he belongs。

Six periods of detention

Article 127 The period of investigation and detention of a criminal suspect after arrest shall not exceed two months。In cases where the case is complex and the time limit cannot be terminated, a "Submission for Approval to extend the period of detention" shall be prepared, and after approval by the head of the public security organ at or above the county level, it shall be sent to the people's Procuratorate at the same level seven days before the expiration of the period for approval by the people's Procuratorate at the next level for an extension of one month。

 Article 128 The investigation of the following cases cannot be concluded at the expiration of the time limit prescribed in Article 127 of these Provisions，Shall make a "request for approval to extend the period of detention"，Approved by the head of the public security organ at or above the county level，Seven days before the expiration of the time limit, the people's procuratorate at the same level shall be submitted to the people's Procuratorate of the province, autonomous region or municipality directly under the Central Government for approval，Extension for two months:

(1) Major and complicated cases in remote areas with very inconvenient transportation;

(2) cases involving major criminal groups;

(3) major and complicated cases of traveling and committing crimes;

(4) Major and complex cases involving a wide range of crimes and difficulties in obtaining evidence。

Article 129 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years，The extension period shall expire in accordance with the provisions of Articles 127 and 128 of these Provisions，Still can't be investigated，Shall make a "request for approval to extend the period of detention"，Approved by the head of the public security organ at or above the county level，Seven days before the expiration of the time limit, the people's procuratorate at the same level shall be submitted to the people's Procuratorate of the province, autonomous region or municipality directly under the Central Government for approval，Extend for another two months。

130 during the investigation，Where the criminal suspect is found to have committed another important crime，It shall, within five days from the date of discovery, be reported to the responsible person of the public security organ at or above the county level for approval，The period of detention for investigation is recalculated，Preparation of Notice of Recalculation of Detention Period，To the detention center，And report to the people's Procuratorate that originally approved the arrest for the record。

Article 131 If a criminal suspect does not disclose his real name or address and his identity is unknown, the period of detention for investigation shall be counted from the date of ascertaining his identity, but the investigation and collection of evidence for his criminal acts shall not be stopped。If the criminal facts are clear and the evidence is reliable and sufficient, he may also be transferred to the people's procuratorate for examination and prosecution according to the name he has self-declared。

Section 7 Other provisions

Article 132 Where a criminal suspect detained for questioning needs to be detained, arrested, granted bail pending trial or placed under residential surveillance, legal procedures shall be completed within the period of detention。

Article 133 In the process of detention, detention, arrest or escort of a criminal suspect, a binding police weapon may be used according to law。

Police weapons shall not be used to handle juvenile crime cases, except where there is real danger of assault, escape, suicide, self-injury or self-harm。

Article 134 If a public security organ finds that compulsory measures taken against a criminal suspect are improper, it shall promptly revoke or modify them。When a public security organ releases an arrested person or changes a compulsory measure, it shall notify the people's procuratorate that originally approved it。

Article 135 Criminal suspects, their legal representatives, close relatives or lawyers entrusted by criminal suspects take compulsory measures against public security organs beyond the statutory time limit，Requiring the public security organ to lift the compulsory measures，Public security organs shall release criminal suspects, cancel bail pending trial, residential surveillance or change compulsory measures according to law。

Article 136 Where parole pending trial or residential surveillance is changed to detention or arrest, the original compulsory measures shall be automatically lifted at the same time of the change, and the legal formalities for lifting shall no longer be handled。

Article 137 Where a criminal suspect who has been released on bail and is under residential surveillance violates the provisions to be observed and has not yet constituted a crime, the public security organ shall give him administrative punishment for public security according to law。

Article 138 After a case has been transferred for review and prosecution during the period of bail or residential surveillance, the people's procuratorate shall decide whether it is necessary to go through the formalities for bail or residential surveillance again or to change the compulsory measures。Where the people's procuratorate decides to regrant bail pending trial, put under residential surveillance or change the compulsory measures, the public security organ shall go through the formalities for lifting the original compulsory measures。

Article 139 The handling of juvenile crime cases shall strictly control and minimize the use of coercive measures。

Article 140 Where, according to law, a public security organ departs a deputy of a people's congress at or above the county level for summons, bail pending trial, residential surveillance, detention, or request for arrest, it shall report in writing to the presidium or Standing Committee of the people's Congress to which the deputy belongs for permission。

Article 141 Where a public security organ, while first detaining an active criminal or a major suspect, discovers that he is a deputy to a people's congress at or above the county level, it shall immediately report to the Presidium or Standing Committee of the people's Congress to which he belongs。

If a public security organ, in the course of executing a detention, bail pending trial, residential surveillance, detention or arrest according to law, finds that the person subject to execution is a deputy to a people's congress at or above the county level, it shall suspend the execution and report to the original decision or approval organ。If, after execution, it is found that the person subject to execution is a deputy to a people's congress at or above the county level, the person shall be removed immediately and the original decision or approval organ shall be reported。

Article 142 Where, in accordance with law, a public security organ departs a deputy to the people's congress of a township, nationality township or town by detention, bail pending trial, residential surveillance, detention or execution of arrest, it shall immediately report the case to the people's congress to which he belongs。

Article 143 Where a public security organ takes a member of the Political Consultative Committee for arrest, bail pending trial, or residential surveillance according to law, it shall notify the relevant situation to the CPPCC organization to which the member belongs。

Article 144 Before detaining or arresting a member of the Political Consultative Committee according to law, the public security organ shall inform the CPPCC organization to which the member belongs;If the case is urgent, it may be notified in a timely manner at the same time or after execution。

Detention in seven chapters

Article 145 A detained or arrested criminal suspect or defendant shall be immediately sent to a detention center for custody。

Article 146 The detention house shall take into custody the detained or arrested criminal suspect or defendant on the basis of the Detention Warrant or Arrest Warrant issued by the public security organ。

Where a wanted person is arrested on the record, escaped from prison, and needs temporary custody for the execution of the task of pursuit or escort, the Wanted Notice or other relevant legal documents shall be presented and approved by the head of the public security organ at or above the county level in the place of detention。

Article 147 A detention center shall undergo a health examination and make a written record of a criminal suspect or defendant;If it is found that it should not be detained, it shall request the competent authorities to modify the compulsory measures according to law。

Article 148 When a detention house takes a criminal suspect or defendant into custody, it shall conduct a strict examination of his person and the articles he carries。Any contraband found shall be confiscated;When criminal evidence and suspicious items are found, a written record shall be made, which shall be signed (stamped) and fingerprinted by the detainee before being sent to the competent authorities for handling。

The physical examination of women shall be carried out by female staff。

149 In the transfer of the case, the detainee needs to go through the formalities of changing custody, the case transfer organ shall fill in the "renewal of custody Certificate" and stamp the official seal with the case transfer, the case acceptance organ shall stamp the official seal on the "renewal of custody Certificate", indicating the time to undertake, promptly sent to the detention center。The detention house shall go through the formalities for the exchange of custody on the basis of the Certificate, and shall immediately issue a receipt and return it to the transfer authority。

Article 150 The detention house shall notify the competent case authority seven days before the expiration of the term of detention of the criminal suspect or defendant;If the detention period is exceeded, the competent authorities shall be notified immediately and the responsible person of the subordinate public security organ shall be reported。

Article 151 Where an extension or recalculation of the period of detention is approved, the competent authority in charge of the case shall notify the detention house in writing before the expiration of the original period。

Article 152 If a detainee falls seriously ill, escapes or dies, the detention house shall, while taking corresponding measures according to law, immediately report the case to the competent authorities。

Article 153 The detention office shall promptly convey the complaints and appeals of the detainees to the relevant authorities for handling, and shall not delay, detain or obstruct them。

If a detention house exposes or accuses a judicial officer, it shall immediately report the case to its subordinate public security organ and the people's procuratorate。

Article 154 Lawyers or defence lawyers engaged by criminal suspects or defendants or other defenders permitted by the people's court，Meeting with criminal suspects or defendants is required according to law，The detention house shall examine its credentials and relevant supporting documents，The meeting shall be arranged in accordance with the provisions of Chapter four of these Provisions or the relevant provisions of the people's court or the people's procuratorate。

Eight chapters file, solve and close cases

One section accepts the case

Article 155 The public security organ shall immediately accept any citizen turning over, reporting a case, accusing or reporting a crime, or a criminal suspect surrendering himself, inquire about the situation, and make a written record, which, after being read out without error, shall be signed or sealed by the person turning over, reporting, accuser or informant。When necessary, public security organs may make audio recordings。

Article 156 When accepting a case, the public security organ shall make a Registration Form for accepting Criminal cases, which shall be used as the original materials for the public security organ to accept criminal cases, and shall be properly kept and filed for future reference。

Article 157 Staff members of public security organs who accept accusations or reports shall explain to the accuser or informant the legal responsibility for false accusations。However, as long as there is no fabrication of facts or falsification of evidence, even if there is a discrepancy in the facts of the accusation or report, or even a false accusation, it should be strictly distinguished from a false accusation。

Article 158 The public security organ shall ensure the safety of the person who is transferred, the person who reports the case, the complainant, the informant and his close relatives。

If the complainant, informant, accuser or informant is unwilling to disclose his name and the act of transferring, reporting, charging or reporting, he shall keep his secret。

Article 159 The public security organ shall promptly examine the cases it accepts or the criminal clues it finds。

After examination, it is considered that there are criminal facts, but the case does not belong to its own jurisdiction, should be within 24 hours, with the approval of the head of the public security organ at or above the county level, issue a Notice of transfer of cases, and transfer to the organ with jurisdiction to deal with。

If it does not fall under its jurisdiction but needs to take emergency measures, it shall first take emergency measures, then go through the formalities and transfer the case to the competent authority。

Article 160 After examination, for cases that have been handled only after being informed and for minor criminal cases that the victim has evidence to prove, the case materials and relevant evidence shall be submitted to the people's court having jurisdiction, and the parties shall be informed to bring a suit in the people's court。

Article 161 If, after examination, it is not enough for criminal punishment to require administrative handling, it shall be handled according to law。

Two sections of the bill

Article 162 If, after accepting a case, the public security organ considers that there are criminal facts that need to be investigated for criminal responsibility, and it is under its own jurisdiction, the accepting unit shall prepare a Report on filing Criminal Cases and file the case with the approval of the head of the public security organ at or above the county level。

 If it is considered that there are no criminal facts, or the circumstances of the crime are significantly minor and do not need to be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the accepting unit shall prepare a Report on the petition not to file, and shall not file the case with the approval of the person in charge of the public security organ at or above the county level。

Article 163 Where a case with an accuser is decided not to file, the public security organ shall prepare a Notice of no filing and serve it on the accuser within seven days。

If the complainant is not satisfied with the decision of not filing a case, he may, within seven days after receiving the Notice of not filing a case, apply for reconsideration to the public security organ that made the original decision。The public security organ that made the original decision shall, within ten days after receiving the application for reconsideration, make a decision and notify the complainant in writing。

164 For cases where the people's Procuratorate requires an explanation of the reasons for not filing a case, it shall, within seven days, prepare a Specification of the Reasons for not filing a case and notify the people's Procuratorate after approval by the person in charge of the public security organ at or above the county level。

If the people's Procuratorate considers that the reasons for not filing a case cannot be established, the public security organ shall, after receiving the notice of the people's Procuratorate requesting filing, decide to file the case within 15 days and deliver the written decision to the people's Procuratorate。

Article 165 Where a difficult, complex, major or particularly major case is decided to file for investigation, a work plan for investigation shall be drawn up。