Promulgated by People's Republic of China (PRC) and the Ministry of Public Security

Promulgated on 199805 14.

Implementation date: 199805 14

The revised "Procedural Provisions of Public Security Organs for Handling Criminal Cases" was adopted at the office meeting of the Minister of Public Security on April 20, 1998, and is hereby promulgated for implementation.

List of chapter names

Chapter I Tasks and Basic Principles

Chapter II Jurisdiction

Chapter III Avoidance

Chapter IV Lawyers' Participation in Criminal Proceedings

Chapter V Evidence

Chapter VI Compulsory Measures

Section 1 Arrest Summons

Section 2 Bail pending trial

Section 3 residential surveillance

Section 4 Detention

Section 5 Arrest

Section 6 Duration of detention

Section 7 Other Provisions

Chapter VII Detention

Chapter VIII Filing, Closing and Closing Cases

Section 1 Acceptance of Cases

Section 2 filing a case

Section 3 Solving Cases and Closing Cases

Chapter IX Investigation

Section 1 General Provisions

Section 2 Interrogation of Criminal Suspects

Section 3 Questioning Witnesses and Victims

Section 4 Inspection and Inspection

Section 5 Search

Section 6 Seizure of Physical Evidence and Documentary Evidence

Section 7 Inquiry, Deposit Freezing and Remittance

Section 8 Identification

Section 9 Identification

Section 10 wanted

Section 11 Termination of Investigation

Section 12 Supplementary Investigation

Chapter X Execution of Penalty

Section 1 Transfer of Criminals

Section 2 Commutation and Parole

Section 3 Supervision and Inspection of Criminals

Section IV Handling of Criminals who Commit Crimes Again

Chapter III XI Cooperation in Handling Cases

Chapter XII Handling of Criminal Cases by Foreigners

Chapter XIII Criminal Judicial Assistance and Police Cooperation

Chapter XIV Supplementary Provisions

Chapter I Tasks and Basic Principles

Article 1 These Provisions are formulated for the purpose of ensuring the implementation of the Criminal Procedure Law of People's Republic of China (PRC), ensuring the public security organs to correctly exercise their functions and powers in criminal proceedings, unifying the procedures for handling cases, ensuring the quality of handling cases and improving the efficiency of handling cases.

Article 2 The tasks of public security organs in criminal proceedings are to accurately and timely identify criminal facts, correctly apply the law, punish criminals, protect innocent people from criminal investigation, educate citizens to consciously abide by the law, actively fight against criminal acts, safeguard the socialist legal system, protect citizens' personal rights, property rights, democratic rights and other rights, and ensure the smooth progress of socialist construction.

Article 3 The basic functions and powers of public security organs in criminal proceedings are to file, investigate and pre-examine criminal cases according to law; Decide and implement compulsory measures; Failing to pursue criminal responsibility according to law and not filing a case, or having filed a case and revoked it; The case that should be prosecuted after the investigation is completed shall be transferred to the people's procuratorate for examination and decision; Criminal suspects who are not serious enough for criminal punishment and need administrative treatment shall be dealt with according to law; To execute punishment on behalf of a criminal sentenced to fixed-term imprisonment of not more than one year or whose remaining sentence is not more than one year; Execution of public surveillance, criminal detention, deprivation of political rights, deportation, and temporary execution outside prison; Supervise and inspect criminals who are released on parole, sentenced to criminal detention or suspended in fixed-term imprisonment.

Article 4 In criminal proceedings, public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.

Article 5 When conducting criminal proceedings, public security organs must be responsible for the division of labor with the people's courts and people's procuratorates, cooperate with each other and check each other to ensure accurate and effective law enforcement.

Article 6 In criminal proceedings, public security organs shall accept the legal supervision of the people's procuratorates.

Article 7 When conducting criminal proceedings, public security organs shall establish and improve the responsibility system for handling cases, the accountability system for misjudged cases and other internal supervision systems.

In criminal proceedings, when a public security organ at a higher level finds that a decision made or a case handled by a public security organ at a lower level is wrong, it has the right to revoke or change it, or it may instruct a public security organ at a lower level to correct it.

The public security organ at a lower level must implement the decision of the public security organ at a higher level, and if it thinks there is an error, it can report it to the public security organ at a higher level while implementing it.

Article 8 In handling criminal cases, public security organs must attach importance to evidence, investigation and study, do not trust confessions credibly, and extort confessions by torture is strictly prohibited.

Article 9 When handling criminal cases, public security organs shall guarantee all litigation rights enjoyed by participants in litigation according to law.

When handling criminal cases of minors, the public security organs should be responsible for specialized agencies or full-time personnel, implement the policy of education, probation and salvation, take care of the physical and mental characteristics of minors and protect their legitimate rights and interests.

Article 10 When handling criminal cases, public security organs at all levels shall apply to the people's procuratorate at the same level for arrest and transfer for prosecution, and strictly abide by the provisions on the time limit for handling criminal cases.

Article 11 When handling a criminal case, the public security organ shall translate for the participants who are not familiar with the local spoken and written languages.

In areas where ethnic minorities live in compact communities or where many ethnic groups live in compact communities, interrogation shall be conducted in the local common language. The litigation documents published to the outside world shall use the local common language.

Article 12 When handling criminal cases, public security organs should strengthen mutual cooperation and cooperation among regions and strictly perform their duties of investigation and assistance.

Article 13 According to the international treaties concluded or acceded to by People's Republic of China (PRC) and the bilateral cooperation agreements signed by the Ministry of Public Security, or on the principle of reciprocity, China public security organs and foreign police organs may request criminal judicial assistance and police cooperation from each other.

Chapter Name Chapter II Governance

Article 14 In accordance with the provisions of the Criminal Procedure Law on the division of jurisdiction over criminal cases, except for the crimes of corruption and bribery, dereliction of duty by state functionaries, illegal detention, extorting confessions by torture, violent evidence collection, retaliation and framing, illegal search, violation of citizens' personal rights and violation of citizens' democratic rights, other major criminal cases committed by state functionaries by taking advantage of their powers with the approval of people's procuratorates at or above the provincial level, and private prosecution cases, other criminal cases shall be handled by.

The public security organ shall accept the criminal case directly accepted by the people's court. If the victim has evidence to prove that the private prosecution is rejected due to insufficient evidence, it may be accepted and handed over by the public security organ.

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

Article 16 A criminal case over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that accepts it first. When necessary, it may be under the jurisdiction of the public security organ in the main crime place.

Seventeenth criminal cases with unknown jurisdiction can be determined by the relevant public security organs through consultation.

Criminal cases with controversial jurisdiction or special circumstances may be designated by the public security organs at higher levels for jurisdiction.

Eighteenth county public security organs are responsible for investigating criminal cases within their respective jurisdictions; Public security organs at or above the prefecture (city) level are responsible for investigating major foreign-related crimes, major economic crimes, major group crimes and major criminal cases that are difficult for public security organs at lower levels to detect.

Article 19 The internal jurisdiction of public security organs over criminal cases shall be determined according to the establishment of criminal investigation institutions and the division of responsibilities.

Article 20 Criminal cases in institutions, factories, sections, hospitals, schools, research institutes, teams and work areas of railway, transportation and civil aviation systems, criminal cases in work areas of stations, ports, docks and airports, criminal cases in railway construction sites, cases of stealing or damaging railways, water transport, communications, power lines and other facilities along railways and water transport.

The public security organ of the forestry system is responsible for the investigation of criminal cases such as illegal logging, deforestation, endangering terrestrial wildlife and rare plants within its jurisdiction; Forestry public security organs in large-scale forest areas are also responsible for the investigation of other criminal cases within their jurisdiction. If a special forestry public security organ is not established, it shall be under the jurisdiction of the local public security organ.

Article 21 When a criminal case investigated by a public security organ involves a case under the jurisdiction of a people's procuratorate, it shall transfer the criminal case under the jurisdiction of the people's procuratorate to the people's procuratorate. If the suspected principal offender is under the jurisdiction of the public security organ, the public security organ shall take the lead in the investigation; The public security organ shall cooperate with the people's procuratorate if the main suspected crime falls under its jurisdiction.

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

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

(2) Where a local person commits a crime in a military camp, the military security department shall hand it over to the public security organ for investigation.

(3) Crimes committed by soldiers and local personnel in military camps are mainly organized by the military security department and coordinated by the public security organs; * * * Crimes committed in the local area are mainly investigated by public security organs, with the cooperation of military security departments.

(4) If an active serviceman commits a crime in the local area before joining the army and should be investigated for criminal responsibility according to law, the public security organ shall conduct investigation with the cooperation of the military security department.

(5) If an active serviceman is found to have committed a crime during his service in a military camp after retiring from active service, he shall be investigated for criminal responsibility according to law, and the military security department shall cooperate with the public security organs.

(6) Soldiers who commit crimes on the way out of active service, or recruits who have been approved to join the army but have not gone through the handover procedures with the army, shall be investigated by the public security organs.

(7) Cases in which the military interests and rights and interests of soldiers are not infringed upon are handed over, leased or lent to local units for use, military camps, camps, warehouses, airports and docks managed by local people's armed forces departments, and military dormitories where troops and local personnel live together, and the public security organs shall, with the cooperation of the military security departments, conduct investigations.

(8) Cases of companies, factories, mines, hotels, restaurants, theaters and joint ventures between the military and the land registered in the administrative department for industry and commerce shall be investigated and dealt with by the public security organs with the cooperation of the military security departments.

When handling criminal cases involving public security organs and the army, the public security organs and the relevant security departments of the army should exchange information in a timely manner, strengthen cooperation and cooperate closely; Cases with disputed jurisdiction should be studied through consultation, and if necessary, they can be settled by the higher authorities of both parties through coordination.

Servicemen referred to in this article refer to servicemen, army workers and retirees managed by the army.

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

Criminal cases of public security frontier defense, fire fighting and security departments and personnel of gold, transportation, water, electricity and forest forces in the Armed Police Force are under the jurisdiction of public security organs.

Chapter 3 retreat

Article 24 A person in charge of a public security organ or an investigator shall withdraw under any of the following circumstances, and the parties and their legal representatives also have the right to ask him to withdraw:

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

(2) He or his close relatives have an interest in the case;

(3) Having served as a witness, expert witness, defender or agent ad litem in this case;

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

Article 25 If the person in charge of the public security organ or the investigator applies for withdrawal on his own, he shall explain the reasons for withdrawal; If an oral application is made, it shall be recorded.

Twenty-sixth the person in charge of the public security organ and the case-handling personnel shall not accept the guests and gifts from the parties and their clients, and shall not meet the parties and their clients in violation of regulations. In violation of the provisions, shall be investigated for legal responsibility according to law. The parties and their legal representatives have the right to ask them to withdraw.

Twenty-seventh parties and their legal representatives shall apply for the withdrawal of the person in charge of the public security organ or the investigator, and explain the reasons. The public security organ shall record the oral application.

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

Article 29 If the person in charge of the public security organ or the investigator has one of the circumstances that should be avoided, and the party concerned and his legal representative have not applied for his withdrawal, the procuratorial committee of the people's procuratorate at the same level or the person in charge of the public security organ at or above the county level shall decide to withdraw.

Thirtieth after the public security organ makes a decision to reject the application for withdrawal, it shall inform the parties and their legal representatives. If you are dissatisfied with this decision, you may apply for reconsideration to the original decision-making organ within five days from the date of receiving the decision to reject the application for withdrawal.

Article 31 If a party or his legal representative refuses to accept the decision to reject the application for withdrawal and applies for reconsideration, the decision-making organ shall make a reconsideration decision within three days and notify the applicant in writing.

Article 32 In the process of investigation, if an expert witness, recorder or interpreter needs to withdraw, it shall be decided by the person in charge of the public security organ at or above the county level.

The withdrawal of appraisers, recorders and translators shall be governed by the provisions of this chapter.

Article 33 Whether the litigation activities of the person in charge of the public security organ, the investigator, the expert witness, the recorder and the translator who decided to withdraw are effective before making the withdrawal decision shall be decided by the organ that made the decision according to the circumstances of the case.

Thirty-fourth before the withdrawal decision is made or during the reconsideration, the person in charge of the public security organ and the investigators shall not stop investigating the case.

Chapter IV Lawyers' Participation in Criminal Proceedings

Article 35 The public security organ shall guarantee the lawyer's practice activities according to law, and guarantee the lawyer to engage in the following businesses in the investigation stage according to law:

(a) to the public security organs to understand the charges of the criminal suspect;

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

(3) Providing legal advice, complaints and accusations to criminal suspects;

(4) to apply for bail pending trial for the arrested criminal suspect.

Article 36 The public security organ shall inform the criminal suspect that he has the right to hire a lawyer to provide him with legal advice and represent him in his complaints and accusations, and record them.

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

A case involving state secrets refers to a case or a case involving state secrets, which cannot be identified as involving state secrets because the relevant materials and handling opinions in criminal case investigation need to be kept confidential.

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

A criminal suspect's request to hire a lawyer can be in written form or in oral form. If it is put forward orally, the public security organ shall make a written record, which shall be signed (sealed) by the criminal suspect and fingerprinted.

Article 39 If a criminal suspect in custody proposes to hire a lawyer, the detention center shall promptly convey it to the investigation organ handling the case, and the investigation organ shall promptly convey it to the person entrusted by him or his law firm. If a criminal suspect only asks for a lawyer without mentioning the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.

Article 40 A criminal suspect in the same case may not employ the same lawyer.

Article 41 If a criminal suspect or his relatives request to hire a lawyer for a case involving state secrets, the public security organ at or above the county level shall make a decision of approval or disapproval within three days after receiving the application, and notify the criminal suspect or his relatives.

Article 42 When a public security organ discovers a case involving state secrets and the criminal suspect has hired a lawyer, it shall promptly inform the hired lawyer not to participate in litigation activities at the investigation stage and notify the criminal suspect at the same time. If the criminal suspect still insists on employment, it shall be approved by the public security organ.

Article 43 For cases that do not involve state secrets, lawyers do not need to obtain approval when meeting with criminal suspects, and public security organs shall not refuse to approve cases that involve state secrets because of the need for confidentiality in the investigation process.

For cases involving state secrets, if a lawyer requests to meet with a criminal suspect, he shall fill out an application form for meeting with the criminal suspect and obtain approval from the public security organ at or above the county level. If the public security organ does not approve the meeting, it shall explain the reasons to the lawyer.

Article 44 If a lawyer proposes to meet the criminal suspect, the public security organ shall arrange the meeting within 48 hours; For the crime of organizing, leading or participating in underworld organizations, organizing, leading or participating in terrorist activities, or major and complicated crimes such as smuggling, drug crimes, corruption and bribery, the lawyer shall arrange to meet with the criminal suspect within five days.

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

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

Article 47 When a lawyer meets a criminal suspect in custody, the public security organ shall examine the lawyer's practice certificate, the letter of introduction from the law firm, the invitation letter, the notice of meeting from the public security organ and the certificate that the interpreter is allowed to attend the meeting. For cases involving state secrets, the decision of the public security organ to approve the meeting with the criminal suspect should also be reviewed.

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

Article 48 If a lawyer meets a criminal suspect in custody and violates the provisions of the law or the meeting place, the on-site police shall stop it and decide to stop the meeting if necessary.

Article 49 If a lawyer violates the relevant provisions in criminal proceedings, the public security organ shall stop it in time and notify the lawyer management department.

Chapter V Evidence of Title

Article 50 Evidence refers to all the facts that prove the true situation of a case.

There are seven kinds of evidence:

(1) Physical evidence and documentary evidence;

(2) Testimony of witnesses;

(3) the victim's statement;

(4) confessions and excuses of the criminal suspect;

(5) Evaluation conclusion;

(6) Records of the inquest and inspection;

(7) Audio-visual materials.

The evidence must be verified before it can be used as the basis for finalizing the case.

Article 51 Public security organs must, in accordance with legal procedures, collect all kinds of evidence that can prove the criminal suspect's guilt or innocence and the seriousness of the crime. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods. We must ensure that all citizens who are related to or know the case, except in special circumstances, have the conditions to provide evidence objectively and fully, and can recruit them to assist in the investigation.

Article 52 When collecting evidence from relevant units and individuals, public security organs shall inform them that they must provide evidence truthfully.

Evidence involving state secrets and technical investigation measures taken to obtain criminal evidence shall be kept confidential.

Anyone who forges, conceals or destroys evidence must be investigated by law.

Fifty-third public security organs to obtain material evidence from the relevant units and individuals, should be approved by the person in charge of the public security organs at or above the county level, issued a "notice". The transferred unit or individual shall stamp or sign the notice, and if it refuses to stamp or sign, the public security organ shall indicate it.

The written evidence materials collected and obtained by the public security organs from the relevant units must be signed by the provider and stamped with the seal of the unit; The written evidence materials collected and collected from individuals by public security organs must be signed or sealed by themselves after they are confirmed to be correct.

Article 54 Anyone who knows the circumstances of a case has the obligation to testify.

A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.

Whether the witness can distinguish right from wrong and express correctly can be examined or appraised when necessary.

Article 55 Public security organs shall ensure the safety of witnesses and their close relatives.

Threatening, insulting, beating or retaliating against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law.

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

(1) The identity of the criminal suspect;

(two) whether there is a criminal act of filing a case for investigation;

(3) Whether the criminal act put on file for investigation is committed by a criminal suspect;

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

(five) the time, place, means and consequences of the crime;

(six) the responsibility of the criminal suspect and the relationship with other co-defendants;

(seven) the criminal suspect has circumstances that cannot be given a heavier, lighter, mitigated or exempted punishment;

(8) Other facts related to the case.

Article 57 Documentary evidence collected and retrieved shall be original. If it is difficult to obtain the original or necessary for confidentiality, it may be a copy or reproduction.

The material evidence collected and retrieved shall be the original. If the original object is inconvenient to transport, preserve or should be returned to the victim according to law, the form or content of the original object can be reflected by taking photos and videos.

Fifty-eighth copies of documentary evidence, audio-visual materials, physical evidence photos and videos shall be accompanied by a written description of the production process and an explanation of the original and its storage place, and shall be signed or sealed by the producer.

Article 59 The opinions of public security organs on approving arrest and prosecution must be faithful to the facts. Anyone who intentionally conceals the truth shall be investigated for responsibility.

Chapter Name Chapter VI Compulsory Measures

Biography of arrest in section 1

Article 60 The public security organ may, according to the circumstances of the case, summon a criminal suspect who needs to be summoned, or a criminal suspect who fails to appear in the case without justifiable reasons after being summoned, and summon him to a designated place in his city or county for interrogation.

If a compulsory summons is required, a report on compulsory petition shall be filled in, with relevant materials attached, and submitted to the person in charge of the public security organ at or above the county level for approval.

Article 61 The public security organ shall produce the Confiscation Certificate and order it to sign (seal) the Confiscation Certificate and press the fingerprint.

After the criminal suspect arrives at the case, he shall be ordered to fill in the time of arrival on the Arrest Warrant. After the end of the interrogation, the time of the end of the interrogation shall be filled in on the Arrest Certificate. If the criminal suspect refuses to fill in the form, the investigator shall indicate it on the Arrest Certificate.

Article 62 The detention period shall not exceed 12 hours, and criminal suspects shall not be detained in disguised form in the form of continuous detention.

If it is necessary to change the detained person into other compulsory measures, a decision of approval or disapproval shall be made within the detention period; If it is not approved, the summons shall be terminated immediately.

Chapter Name Section 2 Bail pending trial

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

(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

(two) may be sentenced to more than fixed-term imprisonment, take bail, so as not to cause social danger;

(3) The criminal suspect to be arrested suffers from a serious illness, or is a woman who is pregnant and nursing a baby under one year old;

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

(five) after the arrest is submitted, the procuratorial organ does not approve the arrest and needs reconsideration and review;

(6) The case of detaining a criminal suspect cannot be settled within the statutory time limit, and the investigation needs to be continued;

(seven) after the transfer of prosecution, the procuratorial organ decides not to prosecute and needs reconsideration and review.

Article 64 A recidivist, the ringleader of a criminal group, a criminal suspect who escapes investigation by means of self-injury or self-mutilation, a criminal suspect who endangers national security, a criminal suspect who commits violent crimes or other serious crimes shall not be released on bail pending trial.

Article 65 If a detained criminal suspect and his legal representative, close relatives or lawyers hired by an arrested criminal suspect apply for bail pending trial, they shall submit it in writing. The public security organ shall give a reply of approval or disapproval within seven days after receiving the application. Those who agree to obtain a guarantor pending trial shall go through the formalities of obtaining a guarantor pending trial according to law; If the applicant does not agree to obtain bail pending trial, it shall notify the applicant in writing and explain the reasons.

Article 66 If a criminal suspect needs to be released on bail pending trial, a report on his application for bail pending trial shall be made, which shall explain the reasons for bail pending trial and the protection methods adopted, and be approved by the person in charge of the public security organ at or above the county level, and a written decision on bail pending trial shall be issued. The "Decision on Bail Pending Trial" shall be read to the criminal suspect, who shall sign (seal) it and press the fingerprint.

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

The same criminal suspect shall not be ordered to put forward a guarantor and pay a deposit at the same time.

Article 68 A criminal suspect who meets the conditions of obtaining a guarantor pending trial may be placed under residential surveillance if he fails to pay the deposit and has no guarantor.

Article 69 Where a guarantor is adopted, the guarantor must meet the following conditions and be examined and approved by the public security organ:

(1) is irrelevant to this case;

(2) Having the ability to perform the guarantee obligations;

(three) enjoy political rights and personal freedom is not restricted;

(4) Having a fixed residence and income.

Article 70 A guarantor shall perform the following obligations:

(a) to supervise the guarantor to abide by the provisions of article eighty-sixth;

(2) If it is found that the warrantee may or has already violated the provisions of Article 86 of these Provisions, it shall promptly report to the public security organ that executed the bail pending trial.

Article 71 A guarantor shall fill in a letter of guarantee and sign or seal it. If the guarantor violates the regulations that should be observed and fails to report in time, the public security organ shall, after verifying the facts and with the approval of the person in charge of the public security organ at or above the county level, issue a "Decision on Fining the Guarantor" and impose a fine on the guarantor; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 72 The public security organ shall announce the penalty decision on the guarantor, and inform the guarantor that if he is not satisfied with the penalty decision, he may apply to the public security organ at the next higher level for review within five days from the date of receiving the penalty decision on the guarantor.

The public security organ at the next higher level shall make a decision within seven days from the date of receiving the application for review. If the public security organ at a higher level cancels or changes the fine decision, the public security organ at a lower level shall implement it.

Article 73 Where a guarantor is provided for a criminal suspect, if the guarantor's situation changes during the period of bail pending trial, and he is unwilling to continue to guarantee or loses the guarantee conditions, the criminal suspect shall be ordered to provide a guarantor again or pay a deposit.

Article 74 A criminal suspect shall be ordered to pay a deposit, which shall be strictly examined and reported to the person in charge of the public security organ at or above the county level for approval.

If a criminal suspect is ordered to pay a higher amount of deposit, it shall be approved by the person in charge of the public security organ at or above the prefecture (city) level.

Article 75 The amount of the deposit shall be determined according to the local economic development level, the financial situation of the criminal suspect, the nature and circumstances of the criminal suspect, the social harm and the possible severity of punishment.

The deposit shall be paid in RMB or a currency convertible by financial institutions in China.

Article 76 The deposit shall be paid by the criminal suspect or his relatives and friends, legal agents and units to the special bank account designated by the public security organ.

It is strictly prohibited to intercept, finance, misappropriate or occupy the deposit in other ways.

Article 77 When notifying the criminal suspect to pay the deposit, the public security organ shall inform him of the regulations he must abide by and the consequences he should bear if he violates the regulations.

Article 78 If a criminal suspect violates the relevant provisions while he is on bail pending trial, the public security organ shall, according to the circumstances of his illegal act, decide to confiscate part or all of the deposit, and order him to make a statement of repentance, pay the deposit, put forward a guarantor, change his residential surveillance or request the people's procuratorate to approve his arrest.

Article 79 Where the deposit needs to be confiscated, it shall be strictly examined and reported to the person in charge of the public security organ at or above the county level for approval, and a "Decision on Confiscation of Deposit" shall be issued.

The decision to confiscate a higher amount of deposit shall be approved by the person in charge of the public security organ at or above the prefecture (city) level.