General Provisions

1. Principle Modifications

Rule against self-incrimination: A person under criminal prosecution has no obligation to prove that he or she has committed a crime. "Extorting confessions by torture and collecting evidence by other illegal methods is strictly prohibited, and no one may be forced to prove his or her guilt."

Legal effects: 1. Criminal suspects and defendants have the right to remain silent; 2. Confessions that are forced to confess It shall not be used as evidence; 3. Only confessions that voluntarily plead guilty have evidence capacity.

Two major changes:

1. Change the traditional investigation model: from the "confession → other evidence" model to the "other evidence → confession" model.

2. Change the method of trial: from "interrogating the defendant and starting the trial" to "witnesses appearing in court, presenting physical evidence and starting the trial".

The jurisdiction of some cases has been transferred down:

1. Cases endangering national security, terrorist activities, and cases that may be sentenced to life imprisonment or death penalty are under the jurisdiction of the intermediate court.

2. "Cases involving crimes committed by foreigners" are under the jurisdiction of the grassroots courts, which can be upgraded to higher levels of jurisdiction when necessary.

2. Modifications to the criminal defense and criminal legal aid systems

1. Narrowing the restrictions on the right to visit: “criminal cases endangering national security, criminal cases of terrorist activities, and particularly serious bribery criminal cases” "Meetings during the investigation period must be approved by the investigative agency," emphasizing that "defense lawyers will not be monitored when meeting criminal suspects or defendants."

2. Clarify the identity of the lawyer hired by the criminal suspect during the investigation stage: "defense lawyer" or "defender".

3. Expand the scope of legal aid: Include "cases that may be sentenced to life imprisonment" into the scope of legal aid.

4. Clarify legal aid obligations: national obligations and collective obligations. The public security, procuratorate, and law enforcement agencies all have the obligation to "notify", and legal aid agencies bear the obligation to implement legal aid.

5. Crimes committed in the practice of law: After the investigation of the original case is completed, the case shall be transferred to an agency other than the original investigating agency for investigation.

3. Modification of compulsory measures

(1) Modification of arrest measures

1. The spirit of the modification: embodying the criminal policy of "combining leniency with severity" and implementing " The policy of "catching as little as possible and no catching".

2. Arrest classification: (1) General arrest. List five situations of "social danger" and emphasize their decisive role in general arrest conditions. (2) Special arrest. That is to say: "Those who may be sentenced to a penalty of ten years or more in prison, or who may be sentenced to a penalty of more than ten years in prison, or who have committed intentional crimes or whose identities are unknown, shall be arrested."

3. Arrest procedures: (1) Make it clear that family members should be notified within 24 hours after arrest, "unless notification is impossible". Delete the situation of "impeding investigation" without notification. (2) Provide for the People’s Procuratorate’s review of the necessity of detention after arrest (recommending release or direct change).

(2) Modification of summons and detention measures

1. Duration of summons

The duration of summons and detention shall not exceed twelve hours; the case is serious and complex , if detention or arrest measures are required, the summons or summons shall not last more than twenty-four hours.

2. Prohibited Provisions

It is prohibited to detain criminal suspects in disguised form in the form of continuous summons or custodial summons. Criminal suspects should be guaranteed necessary food and rest time.

3. Prosecution detention

Extension period: generally 14 days, special circumstances - the time for arrest decision can be extended by one to three days.

4. Notification of detention

Except for cases where it is impossible to notify or is suspected of being a "three-category case" that would hinder the investigation, family members may not be notified.

(3) Modifications of bail pending trial and residential surveillance

1. Applicable conditions

Differentiate the conditions for bail pending trial and residential surveillance; add “being pregnant, being "Women who breastfeed their own babies" may be subject to bail pending trial or residential surveillance.

2. Release on bail pending trial

Add a "reporting system for changes in information of persons released on bail pending trial"; increase compliance regulations for persons released on bail pending trial - "not allowed to engage in specific activities, not allowed to enter "Special places are not allowed to meet or communicate with specific persons"; regulations on the establishment and return of increased deposit amounts.

3. Execution procedures

Whether the suspect is released on bail pending trial or under residential surveillance, the suspect can be ordered to submit identity documents such as "passport and other entry-exit documents" and "driving license". Save it to the executive agency. "Category III cases" may be placed under residential surveillance in a designated residence with the approval of the higher-level procuratorate or public security agency.

Evidence part

1. Concept and form of evidence

1. Concept of evidence

Old concept (Article 42, paragraph 1) ): "All facts that prove the true situation of the case are evidence." The current criminal procedure law adopts the "fact theory".

New concept: "Materials that can be used to prove the facts of a case are all evidence." The revised Criminal Procedure Law adopts the "material theory."

2. Form of evidence

Add “search and investigation experimental records” and place them alongside “inspection and inspection records”; change “appraisal conclusion” to “appraisal opinion” ; Add "electronic data information", that is, "electronic evidence", to be juxtaposed with "audio-visual materials". ***Eight types of evidence forms.

3. Administrative law enforcement evidence enters criminal proceedings

“The physical evidence, documentary evidence and other evidence materials collected by administrative agencies in the process of administrative law enforcement can be used as evidence after verification by judicial agencies.”

4. Guarantee of objective conditions

“We must ensure that all citizens who are related to the case or know the facts of the case have the conditions to provide evidence objectively and fully.”

2. Witness testimony system

1. Principle of witness testimony

Principle of individual testimony: The principle that only when the collection of witness testimony and the testimony of witnesses in court are done individually can the evidence be competent. "Joint signatures" and symposiums are prohibited.

Principle of cross-examination in court: The principle that witness testimony without cross-examination and debate in court shall not be used as the basis for finalizing a case. (Article 47 of the current law will be revised and reiterated.)

2. Witness appearance system

The parties appearing in court: ordinary witnesses, expert witnesses, and investigators.

Exceptions for appearing in court: serious illness; overseas affairs; testimony immunity (family relationship, state secrets, professional trust, self-incrimination).

Protection for appearing in court: material security - "The direct economic losses suffered by witnesses as a result of appearing in court to testify should be compensated." Safety Guarantee - "If the personal safety of witnesses or victims or their close relatives is in danger due to testifying in litigation, the people's courts, people's procuratorates and public security organs shall take one or more of the following protective measures."

3. Questioning techniques and rules for witnesses to testify in court

(1) Questioning techniques

Positive example: Establish the scope of questioning (object of proof) → peel off the layers →Click on the center of gravity.

Counterexample: "Tell me what you know." The content of the answer based on this is not credible.

(2) Inquiry rules

I. Relevance rules: The inquiry content is related to the issues of conviction and sentencing.

II. Rules prohibiting the leading questioning party from leading questions: The leading questioning party shall not lead leading questions, but the counter-examining party (cross-examining party) may conduct leading questions. "Induction": hinting, or asking is the answer.

III. The rule that counter-examination is limited by the scope of the main examination: After the main questioning party establishes the scope of questioning of its witnesses, the counter-examination party’s questioning shall not exceed the scope of the main examination.

3. Rules of Evidence

1. Rules for excluding illegal evidence: rules for excluding evidence materials that violate legal procedures and do not comply with legal forms.

Scope of application: Confessions obtained through illegal methods such as torture, witness testimony obtained through violence, and victim statements - verbal evidence.

If physical evidence or documentary evidence is collected in violation of legal provisions and may seriously affect judicial fairness, it shall be supplemented or corrected or a reasonable explanation given; if it cannot be supplemented or corrected or a reasonable explanation given, the evidence shall be excluded.

The obligation to exclude illegal evidence: The three organs of public security, prosecution and law have the obligation to exclude illegal evidence.

Exclusion procedures: pre-trial exclusion procedure (self-exclusion procedure); trial exclusion procedure (initiation - notification of rights, written application; investigation - defendant's statement, prosecutor's evidence, investigators appearing in court to testify, opposing party Cross-examination, mutual debate; processing - adjournment of trial, rejection of application, confirmation of illegality

2. Opinion rules: Exclude the evidence qualification of speculative, commentary and judgmental statements made by the declarant on the facts of the case. Evidence rules.

Reason for exclusion: hindering the discovery of substantial truth; obstructing judicial decision.

Scope of application: Subject scope → ordinary witnesses, victims, defendants; object scope → speculative. Statements, critical statements, and judgmental statements are not applicable to the concluding opinions of expert witnesses.

3. Reinforcement rules: In a broad sense, it refers to evidence that is weak or whose credibility is questioned. Evidence materials must be supplemented and strengthened by other evidence before the evidence can be used as evidence; in a narrow sense, it refers to the evidence rule that only the defendant's confession without confirmation of other evidence cannot convict or sentence the defendant.

Broadly applicable: testimonies of persons with an interest in the handling of the case, testimonies of mentally handicapped persons, single physical evidence, documentary evidence, audio-visual materials, and testimonies of minors whose age and intelligence are not commensurate with their age and intelligence.

Application in a narrow sense: The confessions of the perpetrators are consistent with each other, but there is no other evidence.

4. Criminal proof

1. Burden of proof: Use evidence to prove the charges. Obligation to establish the punishment claim. Legal obligations and legal consequences are unified. For the first time, it is clearly stipulated that "the obligation to use evidence to prove the accusation and the punishment claim is borne by the prosecutor." p>Liability exception: Inversion of the burden of proof - "Except as otherwise provided by law"

2. Standard of proof: The extent to which evidence must be used to prove the crime.

Legislative spirit. : Retain the reasonable part of the current law and learn from the practices of the Anglo-American legal system.

Law revision measures: adopt the reasonable elements of the "two evidence provisions", clarify the content of "certain and sufficient evidence", and add "beyond reasonable doubt".

New proof standard: The use of evidence to prove a crime must reach the level of "clear facts, comprehensive evidence of the entire case, and reasonable doubts about the identified facts"

Pre-trial. Procedure

Investigation procedure reform

1. Structural adjustment: The investigation procedure structure is a "small isosceles triangle" structure composed of "inspection, investigation and suspicion", with the prosecution at the center. At the top of the triangle, while performing the investigation and supervision function, the investigating party and the suspect party are located at the two bottom corners of the triangle, "confronting each other on an equal footing" by making prosecutorial suggestions and issuing investigation opinions. p>2. Legalization of technical investigation: The procuratorial organs have the power to decide on technical investigation measures, and the execution power is exercised by the national security organs or public security organs.

3. Partial legalization of secret investigation: denying the temptation to induce criminal intent. Investigation", affirming "opportunity-providing temptation investigation". Establish "controlled delivery".

4. Legalization of biological evidence: "Collecting fingerprints, blood and other biological samples."

5. Audio and video recording of the entire process: "can" - general cases; "should" - cases that may be sentenced to life imprisonment or death penalty.

6. Emphasize the location of questioning the witness: the scene, the witness’s unit, residence, or the location proposed by the witness.

7. Improve the search procedures: the person being searched or his family members, neighbors or other witnesses should be present. Searches of women's bodies were carried out by female staff.

8. Expand the scope of seizure and freezing: bonds, stocks, fund shares and other properties.

9. Improve investigation supervision: The types of investigation supervision are divided into: investigation supervision by specialized agencies; supervision by parties, defenders, litigation agents, and interested parties - taking coercive measures against judicial organs and their staff Measures shall not be released, lifted or modified upon expiration of the legal period, and the deposit for bail pending trial shall not be returned. Measures shall be taken to seal, detain, or freeze property unrelated to the case. The seizure, seizure, or freezing shall be lifted but shall not be lifted. Embezzlement, misappropriation, or private distribution shall be prohibited. They have the right to appeal and accuse against acts such as the substitution, use of seized, seized, or frozen property in violation of regulations.

Reform of prosecution methods

1. Abolish the prosecution method of "copy of main evidence doctrine".

2. Restore the "whole case evidence transfer principle" prosecution method: "In accordance with the provisions of trial jurisdiction, file a public prosecution with the People's Court, and transfer the case file materials and evidence to the People's Court."

The establishment of the pre-trial conference system

1. Concept: The pre-trial conference, also known as the pre-trial conference, is presided over by the judge and attended by the prosecutor and the defense before the trial. It mainly discusses procedural issues. A meeting where discussions are held and a judge makes a decision or ruling.

2. Tasks: jurisdictional objections; whether to avoid; exchange of evidence; changes in compulsory measures; exclusion of illegal evidence; criminal settlement; withdrawal of prosecution; etc.

Trial procedures

1. Reform of summary procedures

Scope of application: extended to all criminal cases under the jurisdiction of basic courts.

Applicable conditions: A. The facts are clear and the evidence is reliable and sufficient; B. The defendant voluntarily pleads guilty; C. The defendant agrees to apply the simplified procedure.

2. Establish "special procedures"

(1) Criminal proceedings for minors: Conditional non-prosecution; relatives, friends, and teachers attending the court to persuade and educate; restricting news reports.

(2) Reconciliation procedure for public prosecution cases: The defendant regrets, the victim understands, and both parties reach an agreement. The content of the agreement must not violate legal provisions.

(3) Confiscation procedure without criminal trial - legal definition of stolen money and stolen goods, illegal income and court determination, hearing procedures, court rulings, appeal review.

(4) Compulsory medical treatment procedures: trial objects, hearing procedures, court rulings, appeal review.