Criminal Procedure Rules of the People's Procuratorate

Announcement of High People's Procuratorate of the People's Republic of China

The Rules for Criminal Procedure of the People's Procuratorates, adopted at the 21st Meeting of the Ninth Procuratorial Committee of the High People's Procuratorate on December 16, 1998, are hereby promulgated and shall come into force as of January 18, 1999。

18 January 1999　

Criminal Procedure Rules of the People's Procuratorate

Gao Jian Fa Shi [1999] 1

(Adopted at the 69th meeting of the eighth Procuratorial Committee of the High People's Procuratorate on January 5, 1997，Revised at the 21st meeting of the Ninth Procuratorial Committee of the High People's Procuratorate on December 16, 1998，Published 18 January 1999，Amended in accordance with document No. [1999] 9 of Gao Jian Fa Yan Zi of September 21, 1999, "Notice on Amending Article 405 and Article 407 of the Rules of Criminal Procedure of the People's Procuratorate")

目 录

One chapter General rules

Chapter II Administration and Administration

Three chapters retreat

Chapter Four: Compulsory measures

A section of detention

Section 2 Bail pending trial

Three sections of residential surveillance

Four sections of detention

Five sections caught

Chapter Five examines arrests

Section 1 reviews and approves arrests

Section II examines the decision to arrest

Six chapters to make a case

One section accepts the case

Section 2 Preliminary examination

Three sections of the case

Seven chapters of investigation

Section 1 Interrogating criminal suspects

Section 2 Questioning witnesses and victims

Section three inspection and inspection

Four sections of search

Section 5 Collection and seizure of material evidence, documentary evidence and audio-visual materials

Section 6 Inquiry, freezing deposit, remittance

The seven verses are confirmed

Eight verses of recognition

Nine knots

Ten sections of investigation completed

Chapter Eight review prosecution

A section of acceptance

Section 2 Review

Three sections of the suit

Section 4 Non-prosecution

Five sections of summary procedure

Section 6 Defense and representation

Chapter 9 Attendance at court

Section 1 Attendance at the Court of First instance

Section 2 Attendance at the Court of Second Instance

Section 3 Attendance at the Court of Retrial

Chapter ten criminal procedure legal supervision

One section filing supervision

Section 2 Investigation and supervision

Section 3 Trial supervision

Supervision of criminal judgments and rulings

Section 5 Supervision of execution

十一章 刑事司法协助

Section 1 General provisions

Section 2 People's procuratorates provide judicial assistance

Section 3 People's procuratorates make requests for judicial assistance to foreign countries

Section 4 Terms and Fees

Twelve chapters Supplementary rules

One chapter General rules

Article 1 In order to ensure that the People's procuratorates strictly enforce the law and correctly perform their functions and powers in criminal proceedings, these Rules are formulated in accordance with the Criminal Procedure Law of the People's Republic of China, the Organic Law of the People's Procuratorates of the People's Republic of China and other relevant laws, and in light of the actual work of the People's Procuratorates。

Article 2 Tasks of the People's procuratorates in criminal proceedings，It is to investigate directly accepted cases, approve or decide on arrests, initiate public prosecutions, and exercise legal supervision over criminal proceedings，Ensure accurate and timely investigation of criminal facts，Proper application of law，Punish criminals，Protect innocent people from criminal prosecution，Ensure the uniform and correct implementation of national criminal laws，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。

In handling criminal cases, the people's procuratorates shall strictly abide by the basic principles and procedures stipulated in the Criminal Procedure Law of the People's Republic of China and the provisions of other relevant laws。

The handling of criminal cases by the people's procuratorates shall be undertaken by procurators, reviewed by the head of the case-handling department, and decided by the chief procurator or the procuratorial committee。

Article 5 The People's procuratorates set up internal organs in accordance with the law to divide the work of investigation, examination and arrest, examination and prosecution in criminal proceedings. Each performs its own duties and checks each other to ensure the quality of handling cases。

Article 6 In criminal proceedings, the high People's procuratorates shall direct the work of the local people's procuratorates at various levels and the special people's procuratorates, and the people's procuratorates at higher levels shall direct the work of the people's procuratorates at lower levels。The procurator-general leads the work of the procuratorate uniformly。

Article 7 In criminal proceedings, the people's procuratorates at higher levels shall have the right to revoke or alter the decisions made by the people's procuratorates at lower levels;If a people's procuratorate at a lower level finds that there is an error in a case that has been concluded, it shall have the power to instruct the people's procuratorate at a lower level to correct it。

The people's procuratorates at lower levels shall implement the decisions of the people's procuratorates at higher levels, and if they consider that there is a mistake, they shall report to the people's Procuratorate at the same time of implementation。

Chapter II Administration and Administration

Article 8 People's procuratorates shall file and investigate cases of crimes of embezzlement and bribery, crimes of dereliction of duty by state functionaries, crimes of infringement upon citizens' personal rights by illegal detention, extortion of confessions by torture, revenge and frame-up, and illegal search by state functionaries who take advantage of their powers, and crimes of infringement upon citizens' democratic rights。

The crime of corruption and bribery refers to the crime of corruption and bribery stipulated in Chapter 8 of the specific provisions of the Criminal Law and the crime cases that are clearly stipulated in other chapters in accordance with the relevant provisions of Chapter 8。

The crime of dereliction of duty of state functionaries refers to the criminal cases of dereliction of duty stipulated in Chapter 9 of the Special provisions of Criminal Law。

Cases of violations of citizens' personal and democratic rights committed by state functionals using their powers include:

(1) Cases of unlawful detention (Article 238 of the Criminal Law);

2. Case of illegal search (Article 245 of the Criminal Law);

3. Cases of extorting confessions by torture (Article 247 of the Criminal Law);

(4) Evidence of violence (Article 247 of the Criminal Law);

(5) Corporal punishment and abuse of detainees (Article 248 of the Criminal Law);

6. Case of retaliation and frame-up (Article 254 of the Criminal Law);

7. Election Sabotage Case (Article 256 Criminal Law)。

When other major criminal cases committed by the functionaries of nine state organs using their functions and powers need to be directly accepted by the people's procuratorates, the people's procuratorates at or above the provincial level may file cases for investigation。

Article 10 In the case provided for in Article 9 of these Rules, when the basic people's Procuratorate or the sub-district, prefecture or municipal people's Procuratorate needs to directly file a case for investigation, it shall be reported to the provincial people's procuratorate for decision。The people's procuratorate of the sub-district, prefecture and city shall review the cases reported to the people's Procuratorate at the provincial level by the people's procuratorate at the grassroots level, put forward opinions on whether it is necessary to file a case for investigation, and submit them to the people's procuratorate at the provincial level。

The cases reported to the people's Procuratorate at the provincial level for investigation shall be discussed and decided by the procuratorial committee, and a direct acceptance letter shall be prepared for approval, indicating the circumstances of the cases identified and the reasons for investigation by the people's Procuratorate, and the relevant materials shall be attached。

The people's procuratorate at the provincial level shall, within 10 days after receiving the letter of application for approval of direct acceptance, make a decision on whether to file a case for investigation by the procuratorial committee after discussion。

The people's procuratorate at the provincial level may decide to directly file a case for investigation by the people's procuratorate at a lower level, or it may decide to directly file a case for investigation。

Article 11 A case filed for investigation in accordance with the provisions of Article 9 of these Rules shall, according to the nature of the case, be investigated by the department responsible for investigation of the people's procuratorate。

The specific procedures for submitting a case shall be handled by the business department that found the case clue。

Article 12 When a people's procuratorate investigates a case of corruption and bribery involving a criminal case under the jurisdiction of a public security organ, it shall transfer the criminal case under the jurisdiction of a public security organ to a public security organ。In the above cases, if the suspected principal crime belongs to the jurisdiction of the public security organ, the public security organ shall conduct the main investigation, and the people's Procuratorate shall cooperate;If the suspected principal crime belongs to the jurisdiction of the people's Procuratorate, the people's Procuratorate shall conduct the main investigation, and the public security organ shall cooperate。

Article 13 The people's procuratorates shall adopt a system of filing and investigating cases directly accepted by different levels。

The High People's Procuratorate files and investigates major criminal cases nationwide;The people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government shall file and investigate major criminal cases of a provincial (autonomous region or municipality directly under the Central Government) nature;The people's procuratorates of the respective prefectures, prefectures and municipalities shall file and investigate major criminal cases under their jurisdiction;Basic people's procuratorates file and investigate criminal cases under their jurisdiction。

Article 14 The people's procuratorates at higher levels shall, when necessary，They may directly investigate or organize, direct or participate in the investigation of cases under the jurisdiction of the people's procuratorates at lower levels，They may also refer cases under their jurisdiction to people's procuratorates at lower levels for investigation;The people's procuratorate at the lower level considered the case important and complicated，Cases that need to be investigated by the people's procuratorate at a higher level，May request transfer to the people's procuratorate at a higher level for investigation。

Article 15 Cases of duty crimes committed by State functionaries shall be under the jurisdiction of the people's procuratorates of the places where the suspect works;If it is more appropriate for other people's procuratorates to exercise jurisdiction, they may do so。

Article 16 Cases over which jurisdiction is unclear may be subject to jurisdiction through consultation by the people's procuratorates concerned。Cases with disputed jurisdiction or special circumstances shall be designated for jurisdiction by the people's procuratorates at the same higher level。

The cases over which 17 people's procuratorates have jurisdiction shall be under the jurisdiction of the people's procuratorate that initially accepted them。If necessary, it may be under the jurisdiction of the people's procuratorate of the place where the main crime was committed。

Article 18 Higher people's procuratorates may designate lower people's procuratorates to file and investigate cases whose jurisdiction is unclear or whose jurisdiction needs to be changed。

Article 19 The jurisdiction of military procuratorates, railway transport procuratorates and other special people's procuratorates as well as the jurisdiction of the military, armed police and local criminal cases involving each other shall be implemented in accordance with relevant provisions。

Three chapters retreat

Article 20 Procuratorial personnel in the process of accepting reports and handling cases，Any of the circumstances provided for in Article 28 or 29 of the Criminal Procedure Law is found，The withdrawal shall be made by itself;Failing to recuse himself，The people's procuratorate shall decide on the withdrawal in accordance with Article 23 of these Rules，The parties and their legal representatives shall have the right to request their recusal。

Article 21 If a procurator recuses himself, he may make a request orally or in writing and state the reasons。Where an application is made orally, it shall be put on record。

Article 22 A party or his legal representative's request for withdrawal shall be submitted in writing or orally to the people's procuratorate, and the reasons shall be stated.Where an application for withdrawal is filed in accordance with the provisions of 29 of the Criminal Procedure Law, relevant supporting materials shall be provided。If the people's procuratorate, after examination or investigation, meets the requirements for withdrawal, it shall make a decision on withdrawal;If the requirements for withdrawal are not met, the application shall be rejected。

Article 23 The withdrawal of the chief procurator shall be discussed and decided by the procuratorial Committee。When the procuratorial committee discusses the withdrawal of the chief procurator, it shall be presided over by the deputy chief Procurator, and the chief procurator shall not participate。The withdrawal of other procurators shall be decided by the chief procurator。

Article 24 Where the parties concerned and their legal representatives request a person in charge of a public security organ to withdraw, they shall submit the request to the people's Procuratorate at the same level of the public security organ, and the chief prosecutor shall submit it to the procuratorial Committee for discussion and decision。

Article 25 If the person who should be recused does not recuse himself, and neither the parties nor their legal representatives apply for his recusal, the chief procurator or the procuratorial committee shall decide on his recusal。

Article 26 After the people's procuratorate has made a decision to reject the application for withdrawal, it shall inform the parties and their legal representatives that if they are not satisfied with this decision, they have the right to apply for reconsideration to the original decision organ within five days after receiving the decision rejecting the application for withdrawal。

Article 27 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 28 Investigators who directly accept a case or who conduct supplementary investigation by a people's procuratorate may not stop investigating the case before the withdrawal decision is made。

Article 29 Investigators who have participated in the investigation of the case, if transferred to a people's procuratorate, may not serve as procurators of the case。

Article 30 If a procurator withdraws due to one of the circumstances prescribed in Article 28 or 29 of the Criminal Procedure Law, the validity of the evidence obtained and the proceedings conducted before the decision on withdrawal is made shall be decided by the procuratorial committee or the chief procurator in light of the specific circumstances of the case。

Article 31 The provisions of these Rules on recusal shall apply to interpreters and appraisers hired or assigned by the court clerks, judicial police and people's procuratorates。The withdrawal of the court clerk, the judicial police and the interpreters and appraisers hired or assigned by the people's procuratorate shall be decided by the procurator-general。

Chapter Four: Compulsory measures

A section of detention

Article 32 A people's procuratorate may, in light of the circumstances of a case, detain a criminal suspect。The summons shall be issued with the approval of the procurator-general。

Article 33 At the time of detention, a warrant of detention shall be presented to the criminal suspect who is being detained。Those who refuse to be summoned under detention may be forced to appear in court using restraint devices。No less than two persons shall be involved in the execution of detention。

Article 34 The duration of detention shall be calculated from the time the criminal suspect arrives at the case。After the criminal suspect arrives at the case, he shall be ordered to fill in the time of arrival on the "detention warrant", and sign or seal the detention warrant, and then interrogate immediately。After the end of the interrogation, the criminal suspect shall be ordered to fill in the interrogation end time on the detention certificate。If the criminal suspect refuses to fill it out, the procurator shall indicate it in the "Detention and Summoning Certificate"。The duration of a detention shall not exceed 12 hours, and the criminal suspect shall not be detained in disguise by means of continuous detention。

Article 35 A people's procuratorate shall detain a criminal suspect at a place within the city or county where the criminal suspect is located。If the suspect's work unit, domicile and residence are not in the same city or county, the detention shall be conducted in the city or county where the suspect's work unit is located;Under special circumstances, it may also be carried out in the city or county where the suspect is registered or domicile。

Article 36 If it is necessary to change the compulsory measures of a criminal suspect who is detained, the chief procurator or the procuratorial committee shall decide to go through the formalities for the change within the time limit for the detention。If it is decided not to take other compulsory measures during the period of detention, the detention shall be terminated at the expiration of the period of detention。

Section 2 Bail pending trial

Article 37 The People's Procuratorate 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, without arrest will not cause social danger;

(3) It is necessary to arrest the detained person, but the evidence does not meet the conditions for arrest;

(4) those who should be arrested but suffer from serious diseases;

(5) those who should be arrested but are pregnant or breastfeeding their own babies;

(6) The criminal suspect in custody cannot close the case within the statutory time limit for investigation, detention, review and prosecution, and it is necessary to continue investigation or review and prosecution;

(7) Those who hold a valid passport or other valid exit certificate and may leave China to evade investigation, but do not need to be arrested。

Article 38 The people's procuratorates shall not be granted bail pending trial for criminal suspects who seriously endanger public security, as well as other criminal suspects whose crimes are egregious in nature and whose circumstances are serious。

Article 39 If a criminal suspect in custody and his legal representative, close relatives and entrusted lawyers apply for bail pending trial, and under any of the circumstances provided for in Article 37 of these Rules after examination, the criminal suspect may be granted bail pending trial upon the decision of the Chief procurator。

Article 40 When a criminal suspect in custody, his legal representative, close relatives and lawyers employed apply to the people's procuratorate for bail pending trial, the people's procuratorate shall make a reply within seven days whether he agrees or not。If one of the circumstances prescribed in Article 37 of these Rules is met after examination, the criminal suspect in custody shall go through the procedures for obtaining bail pending trial according to law;After examination does not meet the conditions for bail, shall inform the applicant, and explain the reasons for not agreeing to bail。

Article 41 When a people's procuratorate 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。

Article 42 Where a surety is adopted, the surety shall comply with the provisions of Article 54 of the Criminal Procedure Law and shall be examined and approved by the people's procuratorate。

Article 43 The people's procuratorate shall inform the guarantor to perform the following obligations:

(1) To supervise the guarantor's compliance with the provisions of Article 56 of the Criminal Procedure Law;

(2) If it is found that the insured may have committed or has already committed an act in violation of Article 56 of the Criminal Procedure Law, it shall promptly report to the executing organ。After the guarantor undertakes to undertake the above obligations, he shall sign or seal the bond pending trial。

Article 44 Where security deposit is adopted, the people's Procuratorate may order the criminal suspect to pay a security deposit of not less than 1,000 yuan in light of the nature and circumstances of the crime, the criminal suspect's personal danger, economic status and the amount of the suspected crime。

Article 45 When a criminal suspect is released on bail pending trial, opinions shall be put forward by the personnel handling the case, reviewed by the head of the department, and decided by the chief prosecutor。

Article 46 The people's procuratorate shall read out the decision on bail to the criminal suspect awaiting trial，Signed or sealed by the suspect，And order the suspect to comply with the provisions of Article 56 of the Criminal Procedure Law，Inform them of their legal responsibilities for violating the provisions;Secured by margin，At the same time, the suspect should be informed to pay the security deposit at the designated public security organ。

Article 47 After announcing the decision of bail pending trial to the criminal suspect, the people's procuratorate shall serve the notice of execution of bail pending trial on the public security organ for execution, and inform the public security organ that it intends to approve the criminal suspect to leave the city or county where he lives during the execution period, and shall obtain the consent of the people's Procuratorate。Where the surety is used as a surety, the surety pending trial shall be served on the public security organ at the same time。

Article 48 Where a surety surety is adopted, if the surety is unwilling to continue to surety or loses the conditions of surety during the period of the surety awaiting trial, the criminal suspect shall be ordered to propose a surety again or change the surety surety mode to a guarantee bond, and notify the public security organ of the change。

Article 49 If the person on bail refuses to pay the bond or the amount of the bond is insufficient, the people's Procuratorate shall make a decision to change the measures for obtaining the bond, the way of guarantee or the amount of the bond, and notify the public security organ of the change。

Article 50 When the public security organ asks the people's Procuratorate whether to approve the criminal suspect to leave the city or county where he lives during the period of execution of the bail pending trial, the people's procuratorate shall make a decision according to the specific circumstances of the case。

Article 51 Where the people's Procuratorate finds that the guarantor has failed to perform the obligations provided for in Article 55 of the Criminal Procedure Law and fails to timely report the guarantor's violation of the provisions of Article 56 of the Criminal Procedure Law, it shall notify the public security organ and request the public security organ to impose a fine on the guarantor。If the case constitutes a crime, the guarantor shall be investigated for criminal responsibility according to law。

Article 52 People's procuratorates shall punish criminal suspects who violate the provisions of Article 56 of the Criminal Procedure Law，Having paid a deposit，The public security organ that collects the deposit shall be notified to confiscate it，And depending on the circumstances of the case，Order the suspect to make a statement of repentance，Post a new bond, submit a guarantor or put under residential surveillance, and be arrested。The procedures for repaying the deposit shall be governed by the provisions of Articles 44 and 45 of these Rules。Where a criminal suspect continues to be granted bail pending trial, the time for which he is granted bail pending trial shall be calculated cumulatively。

Article 53 The following criminal suspects who violate the provisions on bail pending trial shall be arrested:

(1) Attempts to commit suicide, escape, evade investigation, examination and prosecution;

(2) destroying or falsifying evidence or colluding in testimony or interfering with the testimony of witnesses, which is sufficient to affect the normal conduct of investigation, examination and prosecution;

(3) leaving the city or county where he lives without approval, causing serious consequences, or leaving the city or county where he lives without approval twice;

(4) where the case fails to arrive at the hearing, resulting in serious consequences, or where the case fails to arrive at the hearing twice。

Article 54 A criminal suspect who intentionally commits a new criminal act while awaiting trial on bail shall be arrested;If the deposit has been paid, the public security organ shall be notified to confiscate the deposit。

Article 55 A people's procuratorate shall decide to release a criminal suspect on bail for a period not exceeding 12 months。

Article 56 After the public security organ decides to release a criminal suspect on bail pending trial and the case is transferred to the people's Procuratorate for examination and prosecution, the people's procuratorate shall proceed with the procedures for release of bail pending trial of the criminal suspect in accordance with law。The period of bail pending trial shall be recalculated and informed to the criminal suspect。

Article 57 The investigation, examination and prosecution of a case may not be interrupted during the period of bail pending trial。

Article 58 Where the period for obtaining bail expires or it is found that the criminal suspect should not be investigated for criminal responsibility, the release or cancellation of the bail pending trial shall be carried out promptly。

Article 59 The cancellation or revocation of bail pending trial shall be subject to the opinions of the personnel handling the case, the review of the head of the department, and the decision of the chief prosecutor。

Article 60 The decision to cancel or revoke the bail pending trial shall be notified to the executing organ in a timely manner, and the written decision to cancel or revoke the bail pending trial shall be served on the criminal suspect;If there is a surety, the surety shall also be notified to release the surety obligation。

Article 61 If a criminal suspect does not violate the provisions of Article 56 of the Criminal Procedure Law during the period of bail pending trial, or if it is found that the criminal suspect should not be investigated for criminal responsibility, when changing, rescinding or revoking the bail pending trial, he shall notify the public security organ to return the deposit。

Article 62 Where a criminal suspect, his legal representative, his close relatives, or a lawyer or other defender entrusted by the criminal suspect submits a request to the people's procuratorate for the release of the bail pending trial after the expiration of the legal period, the people's procuratorate shall review and make a decision within seven days。If, after examination, it is found that the statutory period has been exceeded, the bail shall be released pending trial upon approval by the procurator-general;If the statutory time limit is not exceeded after examination, a written reply shall be given to the applicant。

Three sections of residential surveillance

Article 63 The People's Procuratorate may provide residential surveillance for criminal suspects who fall under any of the circumstances provided for in Article 37 of these Rules。

Article 64 The adoption of residential surveillance for criminal suspects shall be subject to the opinions of the personnel handling the case, the review of the head of the department, and the decision of the chief prosecutor。

Article 65 The people's procuratorate shall read the written decision on residential surveillance to the criminal suspect, and the criminal suspect shall sign or seal it, order the criminal suspect to comply with the provisions of Article 57 of the Criminal Procedure Law, and inform him of the legal responsibility for violating the provisions。

Article 66 The people's procuratorate shall serve the notice of execution of residential surveillance on the public security organ for execution, and inform the public security organ that during the execution period it intends to approve the criminal suspect to leave his residence, residence or meet other personnel, and shall obtain the consent of the people's procuratorate before approval。

Article 67 When a public security organ asks a people's procuratorate for permission to allow a criminal suspect to leave his residence or residence or to meet with other persons during the period of residential surveillance, the people's procuratorate shall decide whether to give consent according to the specific circumstances of the case。

Article 68 The People's Procuratorate shall arrest a criminal suspect who violates the provisions of Article 57 of the Criminal Procedure Law if the circumstances are serious;If the circumstances are relatively minor, he may be reprimanded or ordered to make a confession of repentance。

The following acts in violation of the regulations on residential surveillance are serious circumstances, and the criminal suspect shall be arrested:

(1) Intentionally committing a new criminal act;

(2) attempting suicide, fleeing, evading investigation, examination and prosecution;

(3) destroying or falsifying evidence or colluding in testimony or interfering with the testimony of witnesses, which is sufficient to affect the normal conduct of investigation, examination and prosecution;

(4) leaving his residence or designated residence without approval, causing serious consequences, or leaving his residence or designated residence without approval twice;

(5) meeting with others without approval, causing serious consequences, or meeting with others without approval twice;

(6) where the case fails to arrive at the hearing, resulting in serious consequences, or where the case fails to arrive at the hearing twice。Article 69 The people's Procuratorate shall decide to place a criminal suspect under residential surveillance for a period not exceeding six months。

Article 70 After the public security organ decides to place a criminal suspect under residential surveillance and the case is transferred to the people's Procuratorate for examination and prosecution, the people's procuratorate shall, if it is necessary to continue to place the criminal suspect under residential surveillance in accordance with law。The duration of residential surveillance shall be recalculated and the suspect informed。

Article 71 During the period of residential surveillance, the investigation, examination and prosecution of a case shall not be interrupted。

Article 72 Where the term of residential surveillance expires or it is found that the criminal suspect should not be investigated for criminal responsibility, residential surveillance shall be terminated or revoked。

Article 73 The removal or cancellation of residential surveillance shall be subject to the opinions of the personnel handling the case, the review of the head of the department, and the decision of the chief prosecutor。

Article 74 The decision to terminate or revoke residential surveillance shall be notified to the executing organ, and the written decision to terminate or revoke residential surveillance shall be served on the criminal suspect。

Article 75 Where a criminal suspect, his legal representative, his close relatives, or the lawyer or other defenders entrusted by the criminal suspect consider that residential surveillance has exceeded the statutory period and submit a request to the people's procuratorate for the removal of residential surveillance, the people's procuratorate shall review and make a decision within seven days。If, after examination, it is found that the statutory time limit has been exceeded, residential surveillance shall be removed after approval by the procurator-general;If the statutory time limit is not exceeded after examination, a written reply shall be given to the applicant。

Four sections of detention

Article 76 The People's Procuratorate may decide to detain a criminal suspect under any of the following circumstances:

(1) attempts to commit suicide, flee or run away after committing a crime;

(2) There is the possibility of destroying, falsifying evidence or colluding in confessions。

Article 77 The detention of criminal suspects shall be subject to the opinion of the personnel handling the case, the review of the head of the department, and the decision of the chief prosecutor。

Article 78 After a people's procuratorate has made a detention decision, it shall serve it on a public security organ for execution。When necessary, the people's procuratorate may assist the public security organ in execution。

Article 79 A criminal suspect who is a deputy to a people's congress at or above the county level is detained for an active crime，The people's procuratorate shall immediately report to the Presidium or Standing Committee of the people's Congress to which the deputy belongs;Where detention is required under other circumstances，The people's procuratorate shall report to the Presidium or Standing Committee of the people's Congress to which the representative belongs for permission。When a people's procuratorate detains a criminal suspect serving as a deputy to a people's congress at the corresponding level, it shall report directly to the presidium or Standing Committee of the people's Congress at the corresponding level or request permission。If a criminal suspect is detained as a deputy to a people's congress at a higher level, he shall immediately report to the people's procuratorate at the same level of the people's congress to which the deputy belongs or request permission。Detention of criminal suspects serving as deputies to lower people's congresses，They may report directly to the Presidium or Standing Committee of the people's Congress to which the deputy belongs or apply for permission，They may also entrust the people's procuratorate at the same level of the people's congress to which the representative belongs to report or apply for permission;To detain criminal suspects who are deputies to the people's congresses of townships, nationality townships or towns，The people's Procuratorate at the county level shall report the matter to the people's congress of the township, nationality township or town。To detain a criminal suspect who serves as a deputy to a people's congress at or above two levels, report or apply for permission in accordance with the provisions of paragraphs 2, 3 and 4 of this Article respectively。Detain criminal suspects who are deputies to the people's congresses of regions other than the province, city, county (district) where the unit handling the case is located，The people's procuratorate at the same level of the people's congress to which the representative belongs shall be entrusted to report or apply for permission;Serving as deputies to people's congresses at two or more levels，The people's procuratorate at the same level of the people's Congress to which the representative belongs shall be entrusted to report or apply for permission respectively。

Article 80 After detaining a criminal suspect, the people's procuratorate shall notify the family members of the detainee or the unit to which he belongs within 24 hours of the reason for detention and the place of detention。If the notification cannot be given within 24 hours because of obstacles to the investigation, it shall be approved by the procurator-general, and the reasons shall be stated in the attached file;If it is not possible to notify, it shall report to the procurator-general and state the reasons in the attached file。

Article 81 A detained criminal suspect shall be interrogated within 24 hours of his detention。

Article 82 If a detained criminal suspect is found not to be detained, he shall be released immediately;Those who can be granted bail or residential surveillance according to law shall go through the procedures for obtaining bail or residential surveillance in accordance with the provisions of these Rules。If a detained criminal suspect needs to be arrested, the arrest procedures shall be handled in accordance with the provisions of these Rules。

Article 83 The period of detention of a criminal suspect by a people's procuratorate shall be 10 days, which may be extended by one to four days under special circumstances。

Article 84 Where a citizen turns over to a people's procuratorate a criminal suspect or criminal who is committing a crime or who has been discovered immediately after committing a crime, who is on the wanted list, who has escaped from prison, or who is being pursued, the people's procuratorate shall accept it and decide, in the light of the specific circumstances, whether to take appropriate emergency measures。If it does not fall under its jurisdiction, it shall be transferred to the competent authority for handling。

Article 85 Criminal suspects, their legal representatives, close relatives, or lawyers or other defenders entrusted by criminal suspects hold that the people's procuratorates have detained criminal suspects for longer than the statutory period，A request to the people's Procuratorate for the release of a criminal suspect or the modification of detention measures，The investigation department of the People's Procuratorate shall review，The investigation department shall complete the examination within three days。If, after examination, the investigation department considers that the time limit prescribed by law has been exceeded, it shall put forward opinions on the release of the criminal suspect or alteration of the detention measures, and after approval by the chief procurator, notify the public security organ for implementation;If, after examination, it is found that the statutory time limit has not been exceeded, a written reply shall be given to the complainant。The investigation department shall notify the procuratorial department of the prison of the court in writing of the examination results at the same time。

Five sections caught

Article 86 The people's procuratorate shall approve or decide to arrest a criminal suspect who has been proved to have committed a crime and may be sentenced to imprisonment or more by means of bail pending trial or residential surveillance, if such measures are not sufficient to prevent social danger and arrest is necessary。

"There is evidence of a crime" means a combination of the following:

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

(2) There is evidence to prove that the crime was committed by the criminal suspect;

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

A "criminal fact" can be either the fact of a single criminal act or the fact of any one of several criminal acts。

Article 87 If a criminal suspect who has committed multiple criminal acts or joint criminal cases meets the provisions of Article 86 of these Rules and has one of the following circumstances, the arrest shall be approved or decided upon:

(1) There is evidence to prove that one of several crimes has been committed;

(2) There is evidence to prove that one of the multiple crimes was committed;

(3) In a joint crime, there is already evidence to prove that there are criminal suspects。

Article 88 Where a criminal suspect does not disclose his real name or address and his identity is unknown, the people's procuratorate shall approve or decide to arrest him if it finds, after examination, that the case complies with the provisions of Articles 86 and 87 of these Rules。

Article 89 The people's procuratorate shall make a decision not to approve arrest or not to arrest a criminal suspect under any of the following circumstances:

(1) failing to meet the conditions for arrest specified in Articles 86 and 87 of these Rules;

(2) in any of the circumstances provided for in Article 15 of the Criminal Procedure Law。

Article 90 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 people's Procuratorate may decide not to approve the arrest or not to arrest him。

Article 91 The examination, approval or decision of the people's procuratorate to arrest a criminal suspect shall be handled by the examination and arrest department。

Article 92 The department for examination and arrest shall designate personnel to conduct the examination of the arrest case。The case-handling personnel shall review the materials in the case file, make a written record for reading the case file, and put forward opinions on approving or deciding to arrest or not approving or refusing to arrest, which shall be submitted to the procurator-general for approval or decision after being examined by the head of the department;Major cases shall be discussed and decided by the procuratorial committee。When reviewing arrest cases, the department for examination and arrest may not directly put forward opinions on the adoption of bail pending trial or residential surveillance measures。

Article 93 When a people's procuratorate approves or decides to arrest a criminal suspect who is a deputy to a people's congress at the corresponding level, it shall report to the Chairman's College or the Standing Committee of the people's Congress at the corresponding level for permission。If a criminal suspect serving as a deputy to a people's congress at a higher level approves or decides to arrest him, he shall report to the people's procuratorate at the same level of the people's congress to which the deputy belongs for permission。To approve or decide on the arrest of criminal suspects serving as deputies to the people's congresses at lower levels，It may directly report to the Presidium or Standing Committee of the people's Congress to which the deputy belongs for permission，They may also entrust the people's procuratorate at the same level of the people's congress to which the representative belongs to to apply for permission;To approve or decide on the arrest of criminal suspects who are deputies to the people's congresses of townships, nationality townships or towns，The people's Procuratorate at the county level shall report the matter to the people's congress of the township, nationality township or town。If a criminal suspect who serves as a deputy to a people's congress at two or more levels approves or decides to arrest him, he shall apply for permission in accordance with the provisions of paragraphs 1, 2 and 3 of this Article respectively。Approve or decide to arrest criminal suspects who are deputies to the people's congresses of regions other than the provinces, cities, counties (districts) where the units handling cases are located，The people's procuratorate at the same level of the people's congress to which the representative belongs shall be entrusted to apply for permission;Serving as deputies to people's congresses at two or more levels，The people's procuratorate at the same level of the people's Congress to which the representative belongs shall be entrusted respectively to report for permission。

Article 94 Cases involving foreigners and stateless persons suspected of crimes endangering state security or cases involving political and diplomatic relations between states, as well as cases in which the application of the law is indeed difficult，Need to arrest a suspect，The sub-district, prefecture and municipal people's procuratorates shall examine and submit their opinions，Report to the high People's Procuratorate for review。After consulting the Ministry of Foreign Affairs, the High People's Procuratorate decided to approve the arrest。If, after examination, it is found that arrest is not necessary, a decision not to approve arrest may be made directly。Cases involving foreigners and stateless persons suspected of crimes other than those provided for in the first paragraph of this Article shall be examined by the sub-district, prefecture or municipal people's procuratorates and submitted to the people's Procuratorate at the provincial level for examination。The provincial people's Procuratorate, after consulting the foreign affairs department of the government at the same level, decided to approve the arrest and reported it to the High People's Procuratorate for the record。If, after examination, it is found that arrest is not necessary, a decision not to approve arrest may be made directly。

Article 95 People's procuratorates handling the following cases of arrest under review shall report them to the people's Procuratorate at the next level for the record:

(1) cases endangering state security and foreign-related cases that have been approved for arrest;

(2) Cases directly filed and investigated by procuratorial organs。

The people's procuratorate at a higher level shall examine the materials submitted for the record, and if any error is found, it shall, within 10 days, notify the people's procuratorate at a lower level submitted for the record or directly correct it。

Article 96 A criminal suspect, his legal representative, his close relatives, or the lawyer or other defenders entrusted by the criminal suspect consider that the detention of a criminal suspect approved or decided to arrest by the people's procuratorate has exceeded the statutory period，Where a request is made to the people's Procuratorate for the release of a criminal suspect or for changing the measures of arrest，The people's procuratorate shall review the arrest department，The examination and arrest department shall obtain the relevant information from the investigation organ or the investigation department of the court，And review within seven days。If the examination and arrest department finds that the time limit prescribed by law has been exceeded, it shall put forward opinions on releasing the criminal suspect or changing the arrest measures, and notify the public security organ for execution upon approval by the chief procurator;If, after examination, it is found that the statutory time limit has not been exceeded, a written reply shall be given to the complainant。The examination and arrest department shall notify the procuratorial department of the prison of the People's Court in writing of the examination results at the same time。

Article 97 The examination and arrest department shall handle the examination and arrest cases without further investigation。If, during the examination and approval of arrest, it is considered that there are doubts about the evidence submitted for approval of arrest, the relevant evidence may be reviewed and the criminal suspect and witnesses may be interrogated。However, if interrogating a criminal suspect who has not been subjected to compulsory measures, the opinion of the public security organ or the investigation department of the court shall be sought before interrogation。

Chapter Five examines arrests

Section 1 reviews and approves arrests

Article 98 The people's procuratorate examining the arrest department accepting a case submitted for approval of arrest by a public security organ at the same level shall ascertain whether the request for approval of arrest and the case file materials are complete。

Article 99 A criminal suspect whose arrest is requested by a public security organ for approval，Already in custody，The people's procuratorate shall, within seven days after receiving the letter requesting approval of arrest, make a decision on whether to approve arrest.Not in custody，A decision on whether to approve the arrest shall be made within 15 days after receipt of the request for approval of the arrest，Major, complex cases，Not more than 20 days。

Article 100 Where the people's Procuratorate, upon examination, finds that the arrest of a criminal suspect submitted by a public security organ is in conformity with the provisions of Articles 86 and 87 of these Rules, it shall make a decision to approve the arrest and send the case file to the public security organ for execution。

Article 101 Where a criminal suspect submitted by a public security organ for approval of arrest falls under the circumstances specified in Article 89 or 90 of these Rules, and the People's Procuratorate makes a decision not to approve the arrest, it shall explain the reasons and send the case file to the public security organ for execution。If additional investigation is needed, the public security organ shall be notified at the same time。

Article 102 The public security organ shall immediately implement the decision of the people's Procuratorate approving the arrest, and promptly deliver the execution receipt to the people's procuratorate that made the approval decision;If it is not implemented, it should also send the receipt to the people's Procuratorate, and write the reason why it can be implemented。If the people's Procuratorate decides not to approve the arrest, the public security organ shall, upon receipt of the letter of decision not to approve the arrest, immediately release the criminal suspect in custody or change the compulsory measures, and send the execution receipt to the people's procuratorate that made the decision not to approve the arrest within three days after receipt of the letter of decision not to approve the arrest。

Article 103 If a people's procuratorate handles a case of arrest and finds a criminal suspect who should be arrested but the public security organ has not requested approval for arrest, it shall recommend that the public security organ request approval for arrest。If the grounds for arrest cannot be established without the approval of the public security organ, the people's Procuratorate may also directly make a decision on arrest and serve it on the public security organ for execution。

Article 104 Where a decision to approve arrest is found to be erroneous, the people's procuratorate shall revoke the original decision to approve arrest and serve it on the public security organ for execution。If it is found that there is indeed a mistake in the decision not to approve arrest made, and it is necessary to approve arrest, the people's procuratorate shall revoke the original decision not to approve arrest, make a new decision to approve arrest, and serve it on the public security organ for execution。If a criminal suspect who has been released due to the cancellation of the original decision on approval of arrest or a criminal suspect who has been changed to a bail pending trial or under residential surveillance by the public security organ after arrest is found to need to be arrested, the people's procuratorate shall go through the arrest procedures again。

Article 105 Where a public security organ requests reconsideration of a case in which an arrest is not approved, the people's procuratorate shall assign a separate person to review the case of the arresting department, and within seven days after receiving the request for reconsideration and the case file materials, make a decision on whether to change it and notify the public security organ。

Article 106 Cases in which the public security organ has submitted to the people's procuratorate at the next higher level for review without approval of arrest，The people's procuratorate at the next higher level shall, within 15 days after receiving the written opinion and case file materials submitted for review, make a decision on whether to make a change by the chief procurator or the procuratorial committee，Notify the people's procuratorates and public security organs at lower levels for execution。If it is necessary to change the original decision, it shall notify the people's procuratorate that made the decision not to approve the arrest to revoke the original decision and prepare a separate decision approving the arrest。When necessary, the people's procuratorate at a higher level may also directly make a decision to approve the arrest, notify the people's procuratorate at a lower level and send it to the public security organ for execution。The review of a case in which an arrest is not approved shall be handled by the arrest review department of the people's Procuratorate。

Article 107 Where the People's Procuratorate has made a decision not to approve the arrest and notified the public security organ of the case for supplementary investigation, and the public security organ has requested reconsideration after the supplementary investigation, the people's Procuratorate shall recommend that the public security organ submit a new request for approval of the arrest。If the public security organ insists on reconsideration, the people's procuratorate shall not accept it。

Article 108 In cases where the public security organ requests approval of arrest, the department reviewing the arrest shall notify the procuratorial department of the prison of the People's Court in writing of the approval, modification or cancellation of the arrest measures。

Section II examines the decision to arrest

Article 109 Where a people's procuratorate directly files a case for investigation and it is necessary to arrest a criminal suspect, the investigation department shall fill in a written opinion on the arrest of the criminal suspect and send it together with the case file materials to the examination and arrest department of the court for review。Where a criminal suspect has been detained, the investigation department shall, within three days after detention, send the case to the court's examination and arrest department for review。Under special circumstances, the time for referral may be extended by one to four days。

110 The people's procuratorate's examination and arrest department accepts the case of arrest transferred by the investigation department of the People's Procuratorate for examination and arrest, shall ascertain whether the arrest of criminal suspects written opinions and case files are complete。

Article 111 Cases of arrest transferred to the investigation department of the Court for examination，The suspect is already in custody，It shall be within seven days after the examination and arrest department receives the written opinion on the arrest of the criminal suspect，The chief procurator or the procuratorial committee shall decide whether to make an arrest;Where the suspect is not in custody，The chief procurator or the procuratorial committee shall decide whether to arrest a criminal suspect within 15 days after the examination and arrest department receives the written opinion on the arrest，Major, complex cases，Not more than 20 days。

Article 112 The investigation department of this Court shall transfer the arrested criminal suspect for examination，Comply with the provisions of Articles 86 and 87 of these rules，Arrest by decision of the Chief procurator or the procuratorial committee，The examination and arrest department shall send the arrest decision together with the case file materials to the investigation department，The investigation department shall notify the public security organ for execution，When necessary, the people's Procuratorate may assist in execution。

Article 113 Where a criminal suspect transferred by the investigation department of the Court for investigation and arrest falls under the circumstances specified in Articles 89 and 90 of these Rules, and the Chief procurator or the procuratorial Committee decides not to arrest him, the investigation and arrest department shall hand over the decision not to arrest him together with the case materials to the investigation department。Where a criminal suspect has been detained, the investigation department shall notify the public security organ to release him immediately。

114th should be arrested and the investigation department of the court does not transfer the arrest of the criminal suspect, the investigation and arrest department shall submit to the investigation department to transfer the investigation and arrest of the criminal suspect recommendations。If the recommendation is not accepted, the department reviewing the arrest may refer it to the Procuratorial Committee for decision。

Article 115 After arresting a criminal suspect in a case directly filed for investigation by a people's procuratorate, the investigation department shall, within 24 hours, notify the family members of the arrested person or the unit to which he belongs of the reasons for arrest and the place of detention。If the notification cannot be given within 24 hours because of obstacles to the investigation, it shall be approved by the procurator-general, and the reasons shall be stated in the attached file;If it is not possible to notify, it shall report to the procurator-general and state the reasons in the attached file。

Article 116 The investigation department of the People's procuratorate shall interrogate the arrested criminal suspect within 24 hours after the arrest。If it is found that an arrest should not be made, it shall, with the approval of the procurator-General, revoke the decision on arrest or change it to other compulsory measures, and notify the public security organ for execution。Where a criminal suspect is released or arrest measures are changed in accordance with the provisions of the second paragraph of this article, the investigation department shall notify the examining and arresting department。If a criminal suspect who has been released in accordance with the provisions of the second paragraph of this article or a criminal suspect whose arrest measures have been changed is found to need to be arrested, he shall go through the arrest formalities again。

Article 117 Where a people's procuratorate directly files a case for investigation, has already made a decision not to arrest a criminal suspect, and finds it necessary to arrest a criminal suspect, it shall go through the arrest formalities again。

Article 118 Any change or cancellation of an arrest measure decided by a people's procuratorate at a higher level shall be reported to the people's Procuratorate of the person who originally decided to arrest for consent。

Article 119 Where a people's procuratorate directly files a case for investigation, the investigation department shall notify the procuratorial department of the prison of the People's Procuratorate in writing of the decision, alteration or cancellation of the arrest measure。

Six chapters to make a case

One section accepts the case

Article 120 The People's procuratorates directly accept reports, charges, reports and the surrendering of criminal suspects under their jurisdiction in accordance with the provisions of Chapter II of these Rules。Reports, charges, reports and surrendering of crimes not under the jurisdiction of the Court shall also be accepted。

Article 121 The report center of the People's Procuratorate shall be responsible for uniformly accepting and managing report leads。The Chief procurator and other departments or personnel of the court shall promptly approve or transfer the clues of criminal cases they have received to the reporting center。Case clues transferred by the relevant organ or department to the people's Procuratorate for examination of whether to file a case and case clues found by the investigation department of the people's procuratorate during investigation shall be examined by the investigation department on its own。

Article 122 The report center shall register, one by one, the basic information of the informant and the informant, the main contents of the report and the handling of the information received。For face-to-face reports and telephone reports, a written record of the report shall be made and, if necessary, a recording may be made。For surrendering, a record of surrendering shall be made, and the surrendering person shall sign or seal the record page by page。

Article 123 The report center shall keep confidential the informants who do not wish to disclose their names and reports。It is strictly prohibited to transfer the reporting materials to the reported unit and the reported person。

Article 124 The reporting center shall review the information received in a timely manner, and according to the different circumstances and jurisdiction provisions of the information, make the following treatment within seven days:

If the case does not fall under the jurisdiction of the people's Procuratorate, the case shall be transferred to the competent authority concerned and the informant, accuser, informant or surrendered person shall be notified。If it is not under the jurisdiction of the people's procuratorate and urgent measures need to be taken, emergency measures shall be taken first and then transferred to the competent authority;

Under the jurisdiction of the People's Procuratorate, in accordance with the provisions of Article 2 of the High People's Procuratorate on Improving the Internal Control Mechanism of the People's Procuratorate's Investigation Work, the collective study of the diversion of reporting clues。If the case is under the jurisdiction of the Court, it shall be transferred by the reporting center to the relevant department of the court according to the division of functions;Where it is under the jurisdiction of the people's Procuratorate at a lower level or another people's procuratorate, the reporting center shall transfer it to the people's Procuratorate with jurisdiction。To transfer reporting clues, the original reporting materials shall be transferred。The transfer of important information shall be approved by the procurator-general。

Article 125 The People's procuratorates shall implement a hierarchical filing system for the clues of major cases directly accepted。Clues of major cases of cadres at the county and department levels shall be reported to the People's Procuratorate at the provincial level for the record, where the amount of suspected crimes is particularly large or the consequences of the crimes are particularly serious, the next level shall be reported to the high People's Procuratorate for the record;All major case clues of cadres at or above the department and bureau level shall be reported to the High People's Procuratorate for the record。Clues in major cases refer to clues in cases of crimes committed by cadres at or above the county or department level directly filed and investigated by the People's procuratorates according to law。

Article 126 For the record of key case clues, the key case clues record form shall be filled out on a case-by-case basis。The filing shall be handled within seven days after acceptance;If the situation is urgent, a report shall be made in a timely manner before filing the record。The people's procuratorate at a higher level that has received the record shall review the record materials in a timely manner, and if there is a different opinion, it shall notify the people's procuratorate at a lower level of the review opinion submitted to the record within 10 days。

Section 2 Preliminary examination

Article 127 Where the investigation department, after reviewing the clues handed over by the reporting center, considers it necessary to conduct initial investigation, it shall report to the Chief prosecutor or the inspection committee for decision。The initial investigation of reporting clues is carried out by the investigation department, but the nature of the unknown, difficult to deal with the clues of the case can be carried out by the reporting center。

Article 128 In the process of initial investigation of a report lead, it may take measures such as questioning, inquiry, investigation, appraisal, and obtaining evidence materials that do not restrict the personal and property rights of the person under investigation。No compulsory measures shall be taken against the object of investigation, and no property of the object of investigation shall be sealed up, seized or frozen。

Article 129 After the investigation department has made an initial investigation of the lead, it shall prepare a report on the conclusion of the examination, put forward opinions on handling, and report it to the chief procurator for decision:

(1) If it is considered that there are criminal facts that require criminal responsibility to be investigated, request approval for filing a case for investigation;

(2) In any of the following circumstances, the applicant shall apply for approval not to file a case:

(1) There is no criminal fact;

2. The facts are unclear and the evidence is insufficient;

(3) Having one of the circumstances stipulated in Article 15 of the Criminal Procedure Law。

Article 130 The people's procuratorate shall, within 10 days after making a decision, report the handling of major cases to the people's Procuratorate at a higher level for the record in accordance with the scope of the record。If the people's procuratorate at a higher level considers that the handling is improper, it shall notify the people's procuratorate at a lower level to correct it within 10 days after receiving the archival materials。

Article 131 After the investigation department receives the report materials transferred by the report center，The case shall be reported to the report center within one month;The people's procuratorate at a lower level receives the reporting materials transferred by the people's Procuratorate at a higher level，The case shall be reported to the reporting center of the people's Procuratorate at a higher level within three months，Overdue reply，The reporting center shall make prompt action。

Article 132 If a wrongful accusation has adverse effects on the person accused or reported, the facts shall be clarified to the relevant department。Where a false accusation is made or framed, the person shall be investigated for responsibility according to law。

Three sections of the case

Article 133 Where a people's procuratorate decides to file a case for investigation, it shall make a written decision on filing a case。

Article 134 Where the people's procuratorate decides not to file a case, if it is the victim's complaint, it shall prepare a notice of not filing a case, indicating the cause of the case and the source of the case, the reasons and legal basis for the decision not to file a case, and the investigation department shall serve it on the complainant within 15 days, and at the same time inform the procuratorial department of the complaint and complaint of the court。If the complainant is not satisfied, he may apply for reconsideration within 10 days after receiving the notice of no case filing。Where a case is not filed, the people's procuratorate shall handle the case and make a reconsideration decision within 30 days of receiving the application for reconsideration。If the people's procuratorate decides not to file a case without constituting a crime, but needs to investigate the responsibility for Party discipline or government discipline, the informants shall be transferred to the relevant competent authorities for handling。

Article 135 When a people's procuratorate decides to file a case against a deputy to a people's Congress, it shall notify the presidium or Standing Committee of the people's Congress to which the deputy belongs in accordance with the procedure prescribed in Article 79 of these Rules。

Seven chapters of investigation

Section 1 Interrogating criminal suspects

Article 136 Interrogations of criminal suspects shall be carried out by procurators。At the time of interrogation, there shall be no less than two procurators。

Article 137 A criminal suspect who does not need to be arrested or detained may, with the approval of the procurator-General, be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation。To summon a criminal suspect, a summons notice and relevant certificates shall be presented to the criminal suspect, and the criminal suspect shall be ordered to sign or seal the summons notice。The provisions of Article 35, paragraph 2, of these Rules shall apply to the summons of criminal suspects。

Article 138 The duration of a summons shall not exceed twelve hours。No criminal suspect may be detained in disguise in the form of continuous summons。

Article 139 A criminal suspect who is being questioned in custody shall fill out a warrant and be interrogated in a detention center。If, due to the needs of investigation, it is necessary to detain a criminal suspect to bring out the identified criminals or crime evidence or recover property related to the crime, the criminal suspect may be detained to a people's procuratorate for interrogation。Where a criminal suspect is brought to a people's procuratorate for interrogation, he shall be escorted by two or more judicial police officers with the approval of the chief procurator。

Article 140 When interrogating a criminal suspect, we shall first ascertain his basic information, interrogate him whether he has committed a crime, let him state the facts of his guilt or explain his guilt, and then put questions to him。The counterevidence raised should be carefully examined。It is strictly prohibited to extort confessions by torture or to obtain confessions by threat, inducement, deception or other illegal means。

Article 141 The interrogation of a deaf or mute criminal suspect shall be conducted in the presence of persons who are familiar with deaf or mute gestures, and this situation shall be recorded in a written record。

Article 142 When interrogating a criminal suspect, a written interrogation record shall be made。The interrogation record should be clearly written, detailed, true to the original words, and handed over to the criminal suspect for verification。If he is unable to read, it shall be read to him。If there are omissions or errors in the records, they shall be supplemented or corrected。If the criminal suspect considers that the interrogation record is free of errors, the criminal suspect shall sign or seal the record page by page。If the criminal suspect refuses to sign or seal, it shall be indicated in the record。The prosecutor should also sign the record。

Article 143 Where a criminal suspect requests to write his own statement, the procurators shall allow it。When necessary, prosecutors can also ask the suspect to write a confession。

Article 144 The interrogation of a criminal suspect may be simultaneously recorded by means of audio or video recording。

Article 145: After interrogating a criminal suspect once or from the date of taking compulsory measures against him, procurators shall inform the criminal suspect that he may hire a lawyer to provide him with legal advice, appeal, charge or apply for bail pending trial, and shall record the information in a written record。

Article 146 Where a criminal suspect in custody requests to hire a lawyer, the people's procuratorate shall make a clear record。Cases that do not involve state secrets shall be handled in accordance with the provisions of Article 147 of these Rules。For cases involving state secrets, the people's procuratorate shall make a decision on whether to approve or disapprove within three days。If the people's procuratorate makes a decision of disapproval, it shall explain the reasons to the criminal suspect。During the investigation, the suspect can hire one or two lawyers to provide legal help。

Article 147 A criminal suspect in custody shall hire a lawyer，If a clear name of the law firm or the name of the lawyer is directly entrusted，The people's procuratorate shall transmit the entrustment opinions of criminal suspects to the law firm in a timely manner;If offered to be hired on behalf of relatives and friends，The people's procuratorate shall promptly transmit the opinions on hiring to the relative or friend;If the suspect offers to hire a lawyer，However, there is no specific object of employment and the person hired on behalf of the employer，The people's procuratorate shall notify the local lawyers association or the judicial administrative organ to recommend lawyers for them。An offer of employment may be made in writing or orally。If the proposal is made orally, a clear record shall be recorded, and the criminal suspect shall sign or seal it。

Article 148: If a criminal suspect has hired a lawyer, but the people's procuratorate finds out in the course of investigation that the case involves state secrets, it shall promptly inform the lawyer hired by the criminal suspect to temporarily stop participating in litigation activities and notify the criminal suspect。Whether to approve the criminal suspect to continue to hire a lawyer shall be governed by the provisions of paragraph 1 of Article 146 of these Rules。

Article 149 Where a lawyer accepts the entrustment of two or more criminal suspects to provide legal help at the same time during the investigation, the people's procuratorate shall not arrange for the lawyer to meet with the criminal suspects in custody。

Article 150 When an entrusted lawyer meets a criminal suspect in custody, he shall inform the people's Procuratorate in advance, and provide the people's Procuratorate with the power of attorney of the criminal suspect, the lawyer's practice certificate and the letter of introduction of the law firm。During the investigation period, the relevant matters concerning the meeting of the entrusted lawyer with the criminal suspect in custody shall be handled by the investigation department of the people's Procuratorate。

Article 151 For cases that do not involve state secrets，The lawyer offered to interview the suspect in custody，The people's procuratorate shall arrange the specific time of the interview within 48 hours;For major and complex joint criminal cases involving more than two persons, such as embezzlement and bribery，The specific time of the meeting can be arranged within five days。When the people's procuratorate arranges the time for an interview, it shall decide whether to send officers to be present in the light of the circumstances and needs of the case。If it is decided not to send personnel to the meeting, a certificate of consent shall be issued。The entrusted lawyer shall meet the criminal suspect in custody with the consent certificate of the people's Procuratorate or accompanied by the people's Procuratorate。Article 152 In cases involving state secrets, where a lawyer proposes to meet with a criminal suspect in custody, the people's procuratorate shall, in light of the circumstances of the case and the need, make a decision within five days on whether to approve the meeting between the entrusted lawyer and the criminal suspect in custody。Approval of an entrusted lawyer to meet with a criminal suspect in custody shall be handled in accordance with the provisions of Article 151 of these Rules。

Article 153 When an entrusted lawyer meets with a criminal suspect in custody, the staff of the procuratorial organ present at the meeting shall inform him to abide by the regulations of the place of supervision and the relevant organ on the meeting。When an entrusted lawyer meets with a criminal suspect in custody, the staff of the procuratorial organ present may make a written record。

Article 154 If the contents of a lawyer's interrogation of a criminal suspect in custody exceed the scope of authorization provided for in Article 96 of the Criminal Procedure Law, or violate the provisions of the place of supervision and the relevant authorities on the interview, the staff of the procuratorial organ present have the right to stop or suspend the interview。

Article 155 Where a people's procuratorate finds that a lawyer has violated the law or relevant provisions in criminal proceedings, it shall promptly stop and inform the relevant administrative departments for lawyers of the situation。

Article 156 The term "cases involving state secrets" as mentioned in this Section refers to cases whose facts or nature involve state secrets。

Section 2 Questioning witnesses and victims

Article 157 In the course of investigation, people's procuratorates shall promptly question witnesses and inform them of their rights and obligations to perform testimony。The people's procuratorates shall ensure that all citizens who are related to the case or who know the facts of the case have the conditions to objectively and adequately provide evidence and shall keep secrets for them。Except in special circumstances, people's procuratorates may recruit witnesses to assist in investigations。

Article 158 Questioning of witnesses shall be conducted by procurators。At the time of questioning, there shall be no less than two prosecutors。

Article 159 Questioning of a witness may be conducted at the unit or residence of the witness, and the procurator shall produce the notice of questioning of the witness and the work permit issued by the People's Procuratorate。When necessary, the witness may also be notified to give testimony to the people's procuratorate。 The examination of witnesses should be conducted on an individual basis。

160-Question the witness，The witnesses should be asked about their basic information and their relationship with the parties，And inform the witnesses should truthfully provide evidence, testimony and intentionally make up evidence or conceal criminal evidence to bear the legal responsibility，But you can't tell the witness anything，Detention, torture, threats, inducement, deception and other illegal methods shall not be used to obtain testimony。

Article 161 When a witness under the age of 18 is questioned, his legal representative may be notified to appear。

Article 162 The provisions of Articles 141 to 142 of these Rules shall apply to the examination of witnesses。

Article 163 People's procuratorates shall ensure the safety of witnesses and their close relatives。If the interrogation involves the privacy of the witness, it shall be kept confidential。Those who threaten, insult, beat or retaliate against witnesses and their relatives, if the case constitutes a crime or should be punished for public security administration, shall be transferred to a public security organ for handling;If the circumstances are minor, they shall be criticized, educated and admonished。

Article 164 For questioning victims, the provisions for questioning witnesses shall apply。

Section three inspection and inspection

Article 165 Procurators shall conduct an inquest or examination of places, articles, persons and dead bodies related to crimes。When necessary, procuratorial technicians may be assigned or other persons with specialized knowledge may be hired to conduct an inquest or inspection under the auspices of procuratorial personnel。

Article 166 When conducting an investigation or inspection, a survey certificate issued by the procurator-General shall be held。

Article 167: When conducting an investigation, the people's procuratorate shall invite two witnesses who are not related to the case to be present。

Article 168 When a people's procuratorate decides to conduct an autopsy on a body whose cause of death is unknown, it shall notify the deceased's family members to be present and ask them to sign or seal the autopsy notice。If the family members of the deceased refuse to be present or sign or seal their names without justifiable reasons, the conduct of the autopsy shall not be affected, but it shall be clearly noted in the notice of autopsy。Where the family members of the deceased cannot be notified of an unidentified body, a written record shall be made。

Article 169 In order to determine certain characteristics, injuries or physiological status of a victim or criminal suspect, procurators may examine the person。If a criminal suspect refuses to be examined, the procurators may, when they deem it necessary, make a compulsory examination。The examination of a woman's body shall be carried out by a female staff member or doctor。

Article 170 A written record of the investigation or inspection shall be made, which shall be signed or sealed by the persons participating in the investigation or inspection and by the witnesses。

Article 171 In order to ascertain the facts of a case, when necessary, an investigation may be conducted with the approval of the Procurator-General。In investigation experiments, all acts that may cause danger, insult or indecency are prohibited。

Article 172: When necessary, relevant personnel may be engaged to participate in investigation experiments, and criminal suspects, victims and witnesses may also be required to participate。

Article 173 For investigation experiments, a written record shall be made, stating the conditions, process and results of the investigation experiment, and shall be signed or sealed by the persons participating in the investigation experiment。

Four sections of search

Article 174 The People's procuratorates shall have the power to demand relevant units and individuals to hand over evidence that can prove the guilt or innocence of a criminal suspect。

Article 175 For the purpose of collecting criminal evidence and arresting criminals, investigators may search the body, belongings, residence, place of work and other relevant places of criminal suspects and persons who may be hiding criminals or criminal evidence。

Article 176 Before conducting a search, a people's procuratorate shall understand the basic information about the object to be searched, the search site and the surrounding environment, determine the scope and focus of the search, and clarify the division of labor and responsibilities of the search personnel。

Article 177 The search shall be conducted under the auspices of procurators and may involve the judicial police。When necessary, procuratorial technicians may be assigned to participate or local public security organs and relevant units may be invited to assist。

Article 178 When conducting a search, a search warrant shall be presented to the person being searched or to his family members。The search warrant is issued by the Attorney General。

Article 179 During the execution of arrest or detention, in case of emergency, a search may be carried out without a separate search warrant。However, after the search is completed, the search personnel shall promptly report to the procurator-general and make up the relevant procedures in a timely manner。

Article 180 During the search, the person being searched or his family members, neighbors or other witnesses shall be present and explain to the person being searched or his family members the legal liability for obstructing the search or obstructing public service。Searches of women's bodies shall be carried out by female officers。

Article 181 In the course of a search, if obstructed, the search may be conducted compulsively。Those who obstruct the search by means of violence or threat shall be stopped or taken away from the scene by the judicial police;Where a crime is constituted, criminal responsibility shall be investigated according to law。

Article 182 The search shall be comprehensive, meticulous and timely, and special persons shall be assigned to closely monitor the trends at the search site。

Article 183 Persons conducting a search shall observe discipline, obey commands, enforce the law in a civilized manner, and may not without reason damage articles at the search site。Photographs shall be taken of the important documentary evidence, material evidence, audio-visual materials and the places where they are placed, and relevant information shall be explained in writing. Video recordings may be made when necessary。

Article 184 A written record of the search shall be made, which shall be signed or sealed by the procurators and the person being searched or by his family members, neighbours or other witnesses。If the person being searched or his family members are on the run, or refuse to sign or seal, a record shall be made。

Article 185 When a people's procuratorate carries out a search task outside its jurisdiction, the case-handling personnel shall carry a search warrant, a work permit and an official letter containing the main facts of the case, the purpose of the search, the requirements, etc., and contact the local people's procuratorate。The local people's procuratorate shall cooperate and assist in carrying out the search。

Section 5 Collection and seizure of material evidence, documentary evidence and audio-visual materials

Article 186 Procurators may, on the evidence of the people's procuratorate, obtain from relevant units or individuals evidentiary materials that can prove the guilt or innocence of criminal suspects, and may, as necessary, take photographs, video recordings, make copies or copies。Evidence involving state secrets shall be kept strictly confidential。

Article 187 Where people's procuratorates need to obtain physical evidence and documentary evidence from relevant units and individuals outside their jurisdiction in handling cases, case handling personnel shall carry their work cards, case handling certificates and relevant legal documents, and promptly contact the local people's procuratorates, which shall cooperate and assist in carrying out their tasks。If the evidence to be obtained is relatively simple, it may be sent to the people's procuratorate where the evidence is located。The evidence transferred by letter shall indicate the specific content and exact address of the object of evidence collection。The people's procuratorate assisting in the transfer of the letter shall promptly dispatch personnel to investigate and collect evidence according to the contents of the investigation, and within one month of receiving the letter, deliver the investigation results to the people's procuratorate requesting the transfer。

Article 188 Original documents and audio-visual materials shall be obtained。Where it is really difficult to obtain the original or it is impossible to obtain the original due to the need for confidentiality, copies or duplicates may be obtained。The original shall be taken from the collection of material evidence。If the original object is inconvenient to carry or keep, or should be returned to the victim according to law, or the original object cannot be retrieved due to the need for confidentiality, the original object may be photographed or videotapes。The photograph or video of the original object shall be sufficient to reflect the shape and content of the original object。Where copies or copies of documentary evidence, audio-visual materials and photographs or video recordings of material evidence are taken up, the reasons for not being able to take up the original and the original shall be accompanied by an explanation of the production process and the storage place of the original and the original and shall be signed or sealed by the producer and the holder of the original documentary evidence, audio-visual materials and material evidence。

Article 189 Documents, materials and other articles found in the course of investigation or search that can prove the guilt or innocence of a criminal suspect shall be seized;Those unrelated to the case shall not be detained。It could not immediately be ascertained whether it was suspicious in relation to the case