Criminal Procedure Law of the People’s Republic of China

(Adopted at the Second Meeting of the Fifth National People’s Congress on July 1st, 1979. Amended for the first time according to the Decision on the Amendment of the Criminal Procedure Law of the People’s Republic of China at the Fourth Meeting of the Eighth National People’s Congress on March 17th, 1996.Amended for the second time according to the Decision on the Amendment of the Criminal Procedure Law of the People’s Republic of China at the Fifth Meeting of the Eleventh National People’s Congress on March 14th, 2012.)

Part I General Provisions

C-I Aim and Basic Principles

Article 1 This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, so as to punish crimes, protect the people, safeguard the State and public security and maintain the socialist public order.

Article 2 The aim of the Criminal Procedure Law of the People's Republic of China is to ensure accurate and timely ascertainment of the facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal responsibility, so as to enhance citizens' awareness of the need to abide by law and to fight vigorously against criminality, safeguard the socialist legal system, respect and safeguard human rights, protect citizens' personal rights, property rights, democratic rights and other rights and to guarantee the smooth progress of the cause of socialist construction.

Article 3 The public security organ shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal cases. The people’s procuratorate shall be responsible for procuratorial work, authorizing approval of arrests, conducting investigation and initiating public prosecution of cases directly accepted by the procuratorial organs. The people’s courts shall be responsible for adjudication. No other organs, organizations or individuals shall have the authority to exercise such powers, except as otherwise provided by law.

In conducting criminal proceedings, the people’s courts, the people’s procuratorates and the public security organs must strictly observe this Law and other laws concerned.

Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions and powers as the public security organs.

Article 5 The people’s court shall exercise judicial power independently in accordance with law and the people’s procuratorate shall exercise procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public organization or individual.

Article 6 In conducting criminal proceedings, the people’s court, the people’s procuratorate and the public security organ must rely on the mass; base themselves on facts and take law as the criterion.

The law applies equally to all citizens and no privilege whatsoever is permissible before law.

Article 7 In conducting criminal proceedings, the people’s court, the people’s procuratorate and the public security organ shall divide the responsibility, coordinate their efforts, and check each other to ensure the correct and effective enforcement of law.

Article 8 The people’s procuratorate shall, in accordance with law, exercise legal supervision over criminal proceedings.

Article 9 Citizens of all ethnics shall have the right to use their native spoken and written languages in court proceedings.

The people’s court, the people’s procuratorate and the public security organ shall provide translation service for any party to court proceedings who is not familiar with the spoken or written language commonly used in the locality.

Where people of a minority group live in a concentrated community or where a number of peoples live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality.

Article 10 In trying cases, the people’s court shall apply the system whereby the second instance is final.

Article 11 Cases in the people’s court shall be heard in public, unless otherwise provided by this Law.

A defendant shall have the right of defence, and the people’s court shall have the duty to guarantee his right thereof.

Article 12 No person shall be found guilty without being judged as such by the people’s court according to law.

Article 13 In trying cases, the people’s court shall apply the system of people's assessors taking part in trials in accordance with this Law.

Article 14 The people’s court, the people’s procuratorate and the public security organ shall safeguard the procedural rights to which participants in court proceedings are entitled according to law.

Participants in court proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe on their procedural rights or subject their persons to indignities.

Article 15 In any of the following circumstances, no criminal responsibility shall be investigated. If investigation has already been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared.

(1) if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime;

(2) if the limitation period for criminal prosecution has expired;

(3) if an exemption of criminal punishment has been granted in a special amnesty decree;

(4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn;

(5) if the criminal suspect or defendant is deceased; or

(6) if other laws provide an exemption from investigation of criminal responsibility.

Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.

If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels.

Article 17 In accordance with the international treaties which the People's Republic of China has concluded or acceded to or on the principle of reciprocity, the judicial organs of China and that of other countries may request from each other judicial assistance in criminal affairs.

C-II Jurisdiction

Article 18 Investigation in criminal cases shall be conducted by the public security organ, except as otherwise provided by law.

Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violation of a citizen's personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal search and involving infringement of a citizen's democratic rights committed by State functionaries by taking advantage of their functions and powers, shall be placed on file for investigation by the people’s procuratorate.

If cases involving other grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the people’s procuratorate, they may be placed on file for investigation by the people’s procuratorate upon decision by the people’s procuratorate at or above the provincial level.

Cases of private prosecution shall be handled directly by the people’s court.

Article 19 The Primary people’s court shall have jurisdiction as the court of first instance over ordinary criminal cases. However, those cases which fall under the jurisdiction of the people’s court at higher levels as stipulated by this Law shall be exceptions.

Article 20 The Intermediate people’s court shall have jurisdiction as the court of first instance over the following criminal cases：

(1) cases endangering the state security and cases involving terrors;

(2) ordinary criminal cases punishable by life imprisonment or death penalty.

Article 21 The higher people’s court shall have jurisdiction as the court of first instance over major criminal cases that pertain to an entire province (or autonomous region, or municipality directly under the Central Government）.

Article 22 The Supreme People’s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation.

Article 23 When necessary, the people’s court at a higher level may try criminal cases over which the people’s court at a lower level has jurisdiction as the court of first instance;

If the people’s court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by the people’s court at a higher level, it may request that the case be transferred to the people’s court at the next higher level for trial.

Article 24 A criminal case shall be under the jurisdiction of the people’s court in the place where the crime was committed. If it is more appropriate for the case to be tried by the people’s court in the place where the defendant resides, then that court may have jurisdiction over the case.

Article 25 When two or more people’s courts at the same level have jurisdiction over a case, it shall be tried by the people’s court that first accepted it.

When necessary the case may be transferred for trial to the people’s court in the principal place where the crime was committed.

Article 26 The people’s court at a higher level may instruct the people’s court at a lower level to try a case over which jurisdiction is unclear and may also instruct the people’s court at a lower level to transfer the case to another people’s court for trial.

Article 27 The jurisdiction over cases in special people’s courts shall be stipulated separately).

C-III Withdrawal

Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal.

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

(2) if he or a close relative of his has an interest in the case;

(3) if he has served as a witness, appraiser, defender or agent ad litem in the current case; or

(4) if he has any other relation with a party to the case that could affect the impartial handling of the case.

Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the parties.

Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility. The parties to the case and their legal representatives shall have the right to request him to withdraw.

Article 30 The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court, the chief procurator, and the head of the public security organ;

The withdrawal of the president of the court shall be determined by the court's judicial committee. And the withdrawal of the chief procurator or the head of the public security organ shall be determined by the procuratorial committee of the people’s procuratorate at the corresponding level.

An investigator may not suspend investigation of a case before a decision is made on his withdrawal.

If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration once.

Article 31 The provisions on withdrawal in this chapter shall apply to court clerks, interpreters and appraisers.

A defender or an agent ad litem may, according to the provisions of this chapter, demand withdrawal and apply for reconsideration.

C-IV Defence and Representation

Article 32 In addition to exercising the right to defend himself, a criminal suspect or defendant may entrust one or two persons as his defenders. The following persons may be entrusted as defenders:

(a) lawyers;

(b) persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and

(c) guardians or relatives and friends of the criminal suspect or the defendant.

Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve as defenders.

Article 33 A criminal suspect shall have the right to entrust persons as defenders from the date on which the investigatory organ conduct interrogation or take mandatory measures against him for the first time. During the period of investigation, only lawyers may be entrusted as defenders. Defendants shall be entitled to entrust defenders at any moment.

The investigatory organ shall inform the criminal suspect of his right to entrust defenders when it conducts interrogation or takes mandatory measures against him for the first time. The people’s procuratorate shall do so within 3 days as of the day it receives the file record of a case transferred for examination before prosecution.The people’s court shall inform the defendant of his right to entrust a defender within 3 days from the day it entertains the case. Where a criminal suspect or a defendant under detention requires entrusting defenders, the people’s court, the people’s procuratorate and the public security organ shall forward his request promptly.

Where a criminal suspect or a defendant is in custody, his guardians or close relatives may entrust defenders for him.

Defenders who accept entrust of the criminal suspect or the defendant shall notify promptly the relevant organs dealing with the case.

Article 34 If a criminal suspect or a defendant has not entrusted any defender due to financial difficulties or other reasons, he or his close relatives may file an application with the legal aid agency for help. To those who meet the requirements for legal aids, the legal aid agency shall designate lawyers as their defenders.

If a criminal suspect or a defendant is blind, deaf or mute, or suffers from psychosis so that he does not lose his ability completely to identify or control his behaviors and has not entrusted any defender, the people’s court, the people’s procuratorate and the public security organ shall notify the legal aid agency to designate a lawyer as his defender.

Where there is possibility that a criminal suspect or defendant be sentenced to life imprisonment or death so that he has not entrusted any defender, the people’s court, the people’s procuratorate and the public organ shall notify the legal aid agency to designate a lawyer as his defender.

Article 35 The responsibility of a defender shall be to present, according to the facts and law, materials and opinions proving the innocence of the criminal suspect or defendant, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the defendant.

The defence lawyer may, during the period of investigation, provide legal aids for the criminal suspect, represent him to appeal or accuse, apply to change the mandatory measures against the suspect, learn from the investigatory organ of relevant information about the case and the possible accusation the suspect may involve in and bring forward his own opinions.

Article 37 The defence lawyer may meet and correspond with the criminal suspect or defendant in custody. Other defenders may do so upon the permission of the people’s court or the people’s procuratorate.

If the defence lawyer holding a lawyer’s practice certificate, a certificate issued by a law firm or an official letter issued by the legal aid agency request to meet the criminal suspect or defendant, the detention center shall arrange the interview within 48 hours.

To meet a criminal suspect who is involved in endangering the state security, terrorist activities or particularly major bribery during the investigation, the defence lawyer shall obtain the permission of the investigation organ. With regard to the above-mentioned cases, the investigation organ shall notify the house of detention in advance.

 When meeting the criminal suspect or defendant in custody, the defence lawyer may find out the relevant facts about the case and provide law-counseling service; he may verify the relevant evidence with the criminal suspect or defendant from the date of transferring the case for examination before prosecution. The defence lawyer shall not be monitored when meeting the criminal suspect or defendant.

Where the defence lawyer meets or corresponds with the criminal suspect or defendant who is under residential surveillance, the provisions of the first, third and fourth paragraph of this article shall apply.

Article 38 The defence lawyer may, from the date on which the people’s procuratorate begins to examine the case for prosecution, consult, extract and duplicate the file record of the current case. Other defenders, with the permission of the people’s court or the people’s procuratorate, may also consult, extract and duplicate the above-mentioned material.

Article 39 If the defender deems that the public security organ or the people’s procuratorate has not submitted the evidence materials that prove the innocence or pettiness of the crime of the criminal suspect or defendant during the investigation or examination for prosecution, he shall have the right to file an application with the people’s procuratorate or the people’s court for fetching them.

Article 40 The defender shall notify the public security organ or the people’s procuratorate without delay of the evidence he has collected, which may serve as the alibi of the criminal suspect, or prove that the criminal suspect has not attained to the age of criminal responsibility or the criminal suspect is a mental patient.

The defence lawyer may, with the consent of the witnesses or other units and individuals concerned, collect information pertaining to the current case from them and they may also apply to the people’s procuratorate or the people’s court for the collection and obtaining of evidence, or request the people’s court to inform the witnesses to appear in court and give testimony.

With permission of the people’s procuratorate or the people’s court and with the consent of the victim, his close relatives or the witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.

Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.

Article 42 The defender and any other person shall not help the criminal suspect or defendant to conceal, destroy or falsify evidence or to tally their confessions, and shall not intimidate or induce the witnesses to give false testimony or conduct other acts to interfere with the proceedings of the judicial organs.

Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If the defender is suspected of committing a crime, he shall be investigated by an investigation organ other than that which handles the case the defender undertakes. If the suspected defender is a lawyer, the law firm he works for or the bar association he belongs to shall be notified.

Article 43 During a trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another defender.

Article 44 A victim in a case of public prosecution, his legal representatives or close relatives, and a party in an incidental civil action and his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right to entrust agents ad litem. A private prosecutor in a case of private prosecution and his legal representatives, and a party in an incidental civil action and his legal representatives shall have the right to entrust agents ad litem at any time.

The people’s procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, notify the victim and his legal representatives or close relatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem. The people’s court shall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.

Article 45 With regard to the entrusting of an agent ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.

Article 46 The defence lawyer shall have the right to keep secret the privileged information and relevant situations of his client obtained in the practice of being a lawyer. However, he shall notify the judicial organs without delay of any information or situation that involves his client or any other person who is commiting or preparing to commit a crime that endangers the state security or the public security, or that severely harms the personal safety of another person.

Article 47 Where the defender or agent ad litem deems that the public security organ, the people’s procuratorate or the people’s court and their personnel obstruct the performing of his litigation rights, he shall have the right to file an appeal or accusation with the people’s procuratorate at the same or next higher level. The people’s procuratorate shall examine the appeal or accuation without delay; if the situations are true, it shall notify the organ concerned to make corrections.

C-V Evidence

Article 48 All materials that can be used to prove the facts of a case shall be evidence.

Evidence shall include:

(a) material evidence;

(b) documentary evidence;

(c) testimony of witnesses;

(d) statement of victims;

(e) statement and exculpation of a criminal suspect or defendant;

(f) expert conclusions;

(g) records of survey, examination, identification and investigation; and

(h) audio-visual materials and electronic data.

Any of the above evidence must be verified before it can be used as the basis for deciding cases.

Article 49 In public prosecution cases, the burden of proof that the defendant is guity shall be borne by the people’s procuratorate. In private prosecution cases, the private prosecutor shall assume the burden thereof.

Article 50 Judges, procurators and investigators must, in accordance with the statutory process, collect various kinds of evidence that can prove the criminal suspect's or defendant's guilt or innocence and the seriousness of his crime.

It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Nobody shall be forced to attest his own guilt.

Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to assist the investigation.

Article 51 The public security organ's requests for approval of arrest, the people’sprocuratorate's bills of prosecution and the people’s court's written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.

Article 52 The people’s court, the people’s procuratorate and the public security organ shall have the authority to collect or obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.

 Such evidence materials as material evidence, documentary evidence, audio-visual materials and electronic data collected by the administrative organ in the process of law enforcement and investigating and handling cases may be used as evidence in criminal proceedings.

Evidence involving State secrets, business secrets and personal privacy shall be kept confidential.

Anyone who falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under law.

Article 53 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral statements. A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence. A defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his statement.

Sufficient and reliable evidence shall meet the following requirement:

(a) all the facts on which a crime and the criminal punishment have been based have the relevant evidence to support;

(b) all the evidence on which a case is determined has been verified to be true by way of legally prescribed procedure;

(c) by combining all the evidence in the case together, all the facts determined have been beyond reasonable doubt.

Article 54 Confessions of the criminal suspect or defendant extorted by torture or other illegal means, testimonies of the witness and statements of the victim collected by violence, threat or other illegal methods shall be excluded. Where the material evidence or documentary evidence is obtained against the legally prescribed procedure, which may severely impair the judicial impartiality, supplements and corrections, or reasonable explanations shall be made; if the above-mentioned measures can not be taken, the said evidence shall be excluded.

In the process of investigation, examination for prosecution or trial, if any evidence that should be excluded is founded, such evidence shall be excluded and shall not serve as the basis of prosecution opinions, prosecution decision and judgment.

Article 55 Where the people’s procuratorate receives a case, accusation or report that or finds that any investigator has collected evidence by illegal means, it shall conduct an investigation and check. If the circumstances are true, it shall put forward its opinions on correction; if a crime is constituted, criminal responsibility shall be investigated.

Article 56 If, during a trial, the judge deems that a circumstance of collecting evidence by illegal means as prescribed in Article 54 of this Law exists, a court inquisition on the validity of the evidence collection shall be conducted

The party and his defender or agent ad litem shall have the right to file an application with the people’s court according to law for the exclusion of evidence collected by illegal means. To do so, relevant clues or materials shall be provided.

Article 57 In the court inquisition on the validity of the evidence collection, the people’s procuratorate shall bear the burden of proof that the evidence collection is legal.

If the validity of the evidence collection can not be proved by the evidence materials in existence, the people’s procuratorate may apply to the people’s court for notifying the relevant investigators or other persons to appear in court and make statements; the people’s court may approve the application. Upon notice of the people’s court, the relevant persons shall appear in court. The relevant investigators or other persons may also demand to appear in court and make statements.

Article 58 If, after the court inquisition, the circumstances of collecting evidence by illegal means as specified in Article 54 of this Law are confirmed or cannot be excluded, the relevant evidence shall be excluded.

Article 59 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned, cross-examined and verified in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders. If a court discovers through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law.

Article 60 All those who have information about a case shall have the duty to testify.

Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or properly express themselves shall not be qualified as witnesses.

Article 61 The people’s court, the people’s procuratorate and the public security organ shall insure the safety of witnesses and their close relatives.

Anyone who intimidates, humiliates, beats or retaliates against a witness or his close relatives, if his act constitutes a crime, shall be investigated for criminal responsibility according to law. If his act is not serious enough for criminal punishment, he shall be punished for violation of administration of public security in accordance with law.

Article 62 Where the witness, appraiser or victim makes testimonies in a case of crime endangering the state security, involving terrors, committed by mafia or related to drug, and his personal safety or his close relatives’ is in danger, the people’s court, the people’s procuratorate and the public security organ shall adopt one or more of the following measures to protect them:

(a) not making public such personal information as the real name, address and work unit;

(b) taking such measures as covering the appearance and real voice thereof when he makes testimonies in court;

(c) protecting the witness, appraiser, victim and their close relatives against particular persons;

(d) adopting special measures to protect the safety of the person and residence;

(e) other necessary protective measures.

If the witness, appraiser or victim deems that his personal safety or his close relatives’ is in danger because of making testimonies in proceedings, he may plead to the people’s court, the people’s procuratorate or the public security organ for protection.

When the people’s court, the people’s procuratorate or the public security organ is taking protective measures according to law, the relevant unit and individual shall cooperate.

Article 63 A witness shall be subsidized for the expenses incurred in transportation, accommodation and dinning, etc. in performing his testifying obligations. The subsidy paid to witnesses shall be listed to the expenditure of the judicial organ and shall be guaranteed by the finance department of the government at the same level.

Where a witness who has a work unit makes testimonies, the unit shall not deduct directly or under other disguises his wage, bonus and other welfares as well as treatments.

C-VI Compulsory Measures

Article 64 The people’s court, the people’s procuratorate and the public security organ may, according to the circumstances of a case, issue a warrant to compel the appearance of the criminal suspect or defendant, order him to obtain a guarantor pending trial or subject him to residential surveillance.

Article 65 The people’s court, the people’s procuratorate and the public security organ may allow the criminal suspect or defendant under any of the following circumstances to obtain a guarantor pending trial or subject him to residential surveillance:

(a) he may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or

(b) he may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if he is allowed to obtain a guarantor pending trial.

(c) he is suffering from a serious illness or cannot manage his life independently, or a woman who is pregnant or breast-feeding her baby, which may not endanger society if a guarantor pending trial is allowed;

(d) the detention period expires but the case has not been completed, where it is necessary to order him to obtain a guarantor pending trial.

The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor pending trial.

Article 66 If the people’s courts, the people’s procuratorates or the public security organs decides to allow a criminal suspect or defendant to obtain a guarantor pending trial, it shall order the criminal suspect or defendant to provide a guarantor or pay guaranty money.

Article 67 A guarantor must be a person who meets the following conditions:

(1) to be not involved in the current case;

(2) to be able to perform a guarantor's duties;

(3) to be entitled to political rights and not subjected to restrictions of personal freedom; and

(4) to have a fixed domicile and steady income.

Article 68 A guarantor shall perform the following duties:

(a) to see to it that the person under his guarantee observes the provisions of Article 69 of this Law; and

(b) to promptly report to the executing organ when finding that the person under his guarantee may commit or has already committed acts in violation of the provisions of Article 69 of this Law.

If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions of Article 69 of this Law, he shall be fined. If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 69 A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions:

(a) not to leave the city or county where he resides without the permission of the executing organ; (b) report to the executing organ within 24 hours if his address, work unit or contact method has changed;

(c) to be present in time at a court when summoned;

(d) not to interfere in any form with the witness when the latter gives testimony; and

(e) not to destroy or falsify evidence or tally confessions.

The people’s court, the people’s procuratorate and the public security organ may, according to the situations of the case, order the criminal suspect or defendant who has obtained a guarantor pending trial to observe one or more of the following provisions:

(a) not to enter particular places;

(b) not to meet or correspond with particular persons;

(c) not to engage in particular activities;

(d) to submit his passport or other similar certificates, his driving licence to the executing organ for preservation.

If the criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the two preceding paragraphs, the guaranty money paid shall be in part or totally confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant shall be ordered to write a statement of repentance, pay guaranty money and provide a guarantor again, or shall be subjected to residential surveillance or arrested.

Where the criminal suspect or defendant violates the provisions of obtaining a guarantor pending trial and needs to be arrested, he may be kept in custody prior to arrest .

Article 70 The amount of the guaranty money shall be decided by the organ that determines obtaining a guarantor for pending trial taking into combined consideration  such situations as the need to ensure the normal litigation activity, the possibility for the guaranteed to endanger the society, the nature and circumstances of the case, the degree of the possible criminal punishment and the financial situation of the guaranteed.

The person who pays the guaranty money shall deposit the guaranty money into a special account in the bank designated by the executing organ.

Article 71 If the criminal suspect or defendant is found not to have violated the provisions of Article 69 of this Law during the period when he has obtained a guarantor pending trial, he shall go to the bank for the guaranty money refunded upon notice of release of pending trial after obtainting a guarantor or relevant legal documents.

Article 72 The people’s court, the people’s procuratorate and the public security organ may subject a criminal suspect or defendant who meets the requirements of being arrested and has any of the following circumstances to residential surveillance:

(a) suffering from a serious illness or cannot manage his life independently;

(b) a woman being pregnant or breast-feeding her baby;

(c) being the only supporting person of one who cannot manage his life independently;

(d) it is more suitable to adopt the measure of residential surveillance because of the peculiarity of the case and the need to handle the case;

(e) the detention period has expired but the case has not been completed yet, where it is necessary to adopt the measure of residential surveillance.

A criminal suspect or defendant who meets the requirements for obtaining a guarantor pending trial but can neigher bring forward a guarantor, nor pay the guaranty money, may be subjected to residential surveillance.

Residential surveillance shall be executed by the public security organ.

Article 73 Residential surveillance shall be executed in the domicile of the criminal suspect or defendant; if he has no such a domicile, it can be executed in a designated residence. If the criminal suspect or defendant has committed a crime endangering the state security, involving terrors or particularly major bribery, and the execution in his domicile may obstruct the investigation, it may also be executed in a designated residence. However, it shall not be executed in a detention place or a special place for case handling.

Where a residence is designated for residential surveillance, the family members of the executed shall be notified within 24 hours after the execution of the residential surveillance except that it is impossible to do so.

Where the criminal suspect or defendant under residential surveillance entrusts a defender, the provisions of Article 33 of this Law shall apply.

The people’s procuratorate shall supervise over the validity of the decision and execution of the residential surveillance in a designated residence.

Article 74 The period of residential surveillance in a designated residence shall be offset against the term of criminal punishment. One day under residential surveillance shall be offset against one day of the term of public surveillance; two days under residential surveillance shall be offset against one day of the term of criminal detention or fixed-term imprisonment.

Article 75 The criminal suspect or defendant under residential surveillance shall observe the following provisions:

(a) not to leave the location where residential surveillance is executed without permission of the executing organ;

(b) not to meet with or correspond to others without permission of the executing organ; (c) to be present in time at a court when summoned;

(d) not to interfere in any form with the witness when the latter gives testimony; and

(e) not to destroy or falsify evidence or tally confessions; and

(f) to submit the passport or other similar certificates, identification certificate and driving licence to the executing organ for preservation.

If the criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph, he may be arrested. If he needs to be arrested, he may be kept in custody prior to arrest.

Article 76 The executing organ may conduct an electronic control or irregular inspections to monitor the criminal suspect or defendant in terms of his observation of the provisions of residential surveillance. During the investigation, the correspondence of the criminal suspect who is under residential surveillance may be monitored.

Article 77 The period granted by the people’s court, the people’s procuratorate or the public security organ to a criminal suspect or defendant for awaiting trial after obtaining a guarantor shall not exceed twelve months; the period for residential surveillance shall not exceed six months. During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential surveillance, investigation, prosecution and handling of the case shall not be suspended.

If it is discovered that the criminal suspect or defendant should not be investigated for criminal responsibility or when the period for awaiting trial after obtaining a guarantor or the period of residential surveillance has expired, such period shall be terminated without delay. The person who has obtained a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.

Article 78 Arrest of a criminal suspect or defendant shall be subject to approval by the people’s procuratorate or decision by the people’s court and shall be executed by the public security organ.

Article 79 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of more than fixed-term imprisonment, and if such a measures as allowing him to obtain a guarantor pending trial would be insufficient to prevent the occurrence of the following dangers to society, thus necessitating his arrest, the criminal suspect or defendant shall be immediately arrested:

(a) it is probable for him to commit a new crime;

(b) there is a real danger of endangering the state security, public security or social order;

(c) it is probable for him to destroy or falsify evidence, interfere with the witness in making testimonies, or tally confessions;

(d) it is probable for him to retaliate against the victim, reporter and accuser;

(e) attempting to commit suicide or escape.

A person who has been proved to commit a crime by evidence and may be imposed a criminal punishment of not less than 10 years imprisonment, or who has been proved to commit a crime by evidence and may be imposed a criminal punishment of more than fixed-term imprisonment, or who has ever committed an intentional offence, or whose identification is not clear, shall be arrested.

If the criminal suspect or defendant who is subjected to obtaining a guarantor pending trial or residential surveillance violates the relevant provisions thereof, and the circumstances are serious, he may be arrested.

Article 80  Public security organs may detain prior to arrest an active criminal or a major suspect under any of the following circumstances:

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

(2) if he is identified as having committed a crime by a victim or an eyewitness;

(3) if criminal evidence is found on his body or at his residence;

(4) if he attempts to commit suicide or escape after committing a crime, or he is a fugitive;

(5) if there is likelihood of his destroying or falsifying evidence or tallying confessions;

(6) if he does not tell his true name and address and his identity is unknown; and

(7) if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.

Article 81 When the public security organ is to detain or arrest a person in another place, it shall inform the public security organ in the place where the person to be detained or arrested stays, and the public security organ there shall cooperate in the action.

Article 82 The persons listed below may be seized outright by any citizen and delivered to the public security organ, the people’s procuratorate or the people’s court for handling:

(1) any person who is committing a crime or is discovered immediately after committing a crime;

(2) any person who is wanted for arrest;

(3) any person who has escaped from prison; and

(4) any person who is being pursued for arrest.