Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, and revised in accordance with the Criminal Procedure Law of the People’s Republic of China adopted at the Fourth Session of the Eighth National People’s Congress on March 17, 1996)
Part One General Provision
Chapter I Aim And Basic Principles
Article 14 The people’s courts, the people’s procuratorates and the public security organs shall safeguard the procedural rights to which participants in proceedings are entitled according to law.
In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may be notified to be present at the time of interrogation and trial.
Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe on their citizen’s procedural rights or subject their persons to indignities.
Chapter VI Compulsory Measures
Article 60 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending trial or placing him under residential surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating his arrest, the criminal suspect or defendant shall be immediately arrested according to law.
If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential surveillance.
Part Two Filing a Case, Investigation, and Initiation of Public Prosecution
Chapter II Investigation
Section 3 Questioning of the Witnesses
Article 98 When a witness is questioned, he shall be instructed to provide evidence and give testimony truthfully and shall be informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.
When a witness under the age of 18 is questioned, his legal representative may be notified to be present.
Section 4 Inquest and Examination
Article 105 An examination may be conducted of the person of the victim or criminal suspect in order to ascertain some of his characteristics or physiological condition, or the circumstances of the injury.
If a criminal suspect refuses to be examined, the investigators, when they deem it necessary, may conduct a compulsory examination.
Examination of the persons of women shall be conducted by female officers or doctors.
Section 5 Search
Article 112 During a search, the person to be searched or his family members, neighbours or other eyewitnesses shall be present at the scene.
Searches of the persons of women shall be conducted by female officers.
Part Three Trial
Chapter II Procedure of First Instance
Section 1 Cases of Public Prosecution
Article 152 Cases of first instance in a People’s Court shall be heard in public. However, cases involving State secrets or private affairs of individuals shall not be heard in public.
No cases involving crimes committed by minors who have reached the age of 14 but not the age of 16 shall be heard in public. Generally, cases involving crimes committed by minors who have reached the age of 16 but not the age of 18 shall also not be heard in public.
The reason for not hearing a case in public shall be announced in court.
Part Four Execution
Article 211 After receiving an order from the Supreme People’s Court to execute a death sentence, the People’s Court at a lower level shall cause the sentence to be executed within seven days. However, under one of the following conditions the People’s Court at a lower level shall suspend execution and immediately submit a report to the Supreme People’s Court for an order:
(1) if it is discovered before the execution of the sentence that the judgment may contain an error;
(2) if, before the execution of the sentence, the criminal exposes major criminal facts or renders other significantly meritorious service, thus the sentence may need to be revised; or
(3) if the criminal is pregnant.
If the reason given in sub-paragraph (1) or (2) of the preceding paragraph which caused the suspension of the sentence has disappeared, the sentence may be executed only after a report is submitted to the President of the Supreme People’s Court for him to sign and issue another order for execution of the death sentence. If execution is suspended for the reason given in sub-paragraph (3) of the preceding paragraph, a request shall be submitted to the Supreme People’s Court for it to alter the sentence according to law.
Article 214 A criminal sentenced to fixed-term imprisonment or criminal detention, under either of the following conditions, may be permitted to temporarily serve his sentence outside prison:
(1) if the criminal is seriously ill and needs to be released on parole for medical treatment; or
(2) if the criminal is pregnant or is breast-feeding her own baby.
If a criminal to be released on parole for medical treatment may endanger the community or if a criminal injures himself or makes himself disabled, he may not be released on parole for medical treatment.
If a criminal is truly ill seriously and must be released on parole for medical treatment, a supporting document prepared by the hospital designated by a people’s government at the provincial level shall be needed, and the matter shall be subject to examination and approval according to the procedure prescribed by law.
If it is found that a criminal released on parole for medical treatment does not meet the conditions for release on parole for medical treatment or the criminal has gravely violated the regulations regarding such release, he shall be taken back to prison without delay.
As to a criminal sentenced to fixed-term imprisonment or criminal detention who is unable to look after himself in everyday life, if his service of sentence outside prison would not endanger the community, he may be permitted to serve his sentence outside prison temporarily.
If a criminal is permitted to serve his sentence outside prison temporarily, the sentence shall be executed by the public security organ in the place where the criminal resides, the executing organ shall exercise strict control and supervision over him and the grass-roots organizations or the unit where the criminal originally belonged shall assist in supervision.