| 中华人民共和国刑事诉讼法（英文版）（上） |
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s questioned, his legal representative may be notified to be present. Article 99 The provisions of Article 95 of this Law shall also apply to the questioning of witnesses. Article 100 The provisions of all articles in this Section shall apply to the questioning of victims. SECTION 4 INQUEST AND EXAMINATION Article 101 Investigators shall conduct an inquest or examination of the sites, objects, people and corpses relevant to a crime. When necessary, experts may be assigned or invited to conduct an inquest or examination under the direction of the investigators. Article 102 Each and every unit and individual shall have the duty to preserve the scene of a crime and to immediately notify a public security organ to send officers to hold an inquest. Article 103 To conduct an inquest or examination, the investigators must have papers issued by a People s Procuratorate or a public security organ. Article 104 If the cause of a death is unclear, a public security organ shall have the power to order an autopsy and shall notify the family members of the deceased to be present. 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. Article 106 A record shall be made of the circumstances of an inquest or examination, and it shall be signed or sealed by the participants in the inquest or examination and the eyewitnesses. Article 107 If, in reviewing a case, a People s Procuratorate deems it necessary to repeat an inquest or examination that has been done by a public security organ, it may ask the latter to conduct another inquest or examination and may send procurators to participate in it. Article 108 When necessary and with the approval of the director of a public security bureau, investigative experiments may be conducted in order to clarify the circumstances of a case. In conducting investigative experiments, it shall be forbidden to take any action which is hazardous, humiliating to anyone, or offensive to public morals. Article 109 In order to collect criminal evidence and track down an offender, investigators may search the person, belongings and residence of the criminal suspect and anyone who might be hiding a criminal or criminal evidence, as well as other relevant places. Article 110 Any unit or individual shall have the duty, as required by the People s Procuratorate or the public security organ, to hand over material evidence, documentary evidence or audio-visual material which may prove the criminal suspect guilty or innocent. Article 111 When a search is to be conducted, a search warrant must be shown to the person to be searched. If an emergency occurs when an arrest or detention is being made, a search may be conducted without a search warrant. 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. Article 113 A record shall be made of the circumstances of a search, and it shall be signed or sealed by the investigators and the person searched or his family members, neighbours or other eyewitnesses. If the person searched or his family members have become fugitives or refuse to sign or affix their seals to the record, this shall be noted in the record. SECTION 6 SEIZURE OF MATERIAL EVIDENCE AND DOCUMENTARY EVIDENCE Article 114 Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect s guilt or innocence shall be seized. Articles and documents which are irrelevant to the case may not be seized. Seized articles and documents shall be properly kept or sealed for safekeeping and may not be utilized or damaged. Article 115 All seized articles and documents shall be carefully checked by the investigators jointly with the eyewitnesses and the holder of the articles; a detailed list shall be made in duplicate on the spot and shall be signed or sealed by the investigators, the eyewitnesses and the holder. One copy of the list shall be given to the holder, and the other copy shall be kept on file for reference. Article 116 If the investigators deem it necessary to seize the mail or telegrams of a criminal suspect, they may, upon approval of a public security organ or a People s Procuratorate, notify the post and telecommunications offices to check and hand over the relevant mail and telegrams for seizure. When it becomes unnecessary to continue a seizure, the post and telecommunications offices shall be immediately notified. Article 117 The People s Procuratorates and the public security organs may, as required by investigation of crimes, inquire into or freeze criminal suspects deposits or remittances according to regulations. If the deposits or remittances of the criminal suspects have been frozen, they shall not be frozen for a second time. Article 118 If any seized articles, documents, mail, telegrams or frozen deposits and remittances are proved through investigation to be truly irrelevant to a case, the seizure and freeze shall be cancelled within three days, and the things shall be returned to their original owners or the original post and telecommunications offices. Article 119 When certain special problems relating to a case need to be solved in order to clarify the circumstances of the case, experts shall be assigned or invited to give their evaluations. Article 120 After evaluating a matter, the experts shall write a conclusion of expert evaluation and affix his signature to it. Reverification necessitated by disputes over medical verification of personal injuries and medical verification of mental illness shall be conducted by a hospital designated by a people s government at the provincial level. After verification, the expert shall make a conclusion in writing, to which his signature and the hospital s seal shall be affixed. If an expert intentionally makes a false verification, he shall assume legal responsibility. Article 121 The investigation organ shall notify the criminal suspect and the victim of the conclusion of the expert verification which will be used as evidence in his case. A supplementary expert verification or another expert verification may be conducted upon application submitted by the criminal suspect or the victim. Article 122 The period during which the mental illness of a criminal suspect is under verification shall not be included in the period of time for handling the case. Article 123 If a criminal suspect who should be arrested is a fugitive, a public security organ may issue a wanted order and take effective measures to pursue him for arrest and bring him to justice. Public security organs at any level may directly issue wanted orders within the areas under their jurisdiction; they shall request a higher- level organ with the proper authority to issue such orders for areas beyond their jurisdiction. SECTION 9 CONCLUSION OF INVESTIGATION Article 124 The time limit for holding a criminal suspect in custody during investigation after arrest shall not exceed two months. If the case is complex and cannot be concluded within the time limit, an extension of one month may be allowed with the approval of the People s Procuratorate at the next higher level. Article 125 If due to special reasons, it is not appropriate to hand over a particularly grave and complex case for trial even within a relatively long period of time, the Supreme People s Procuratorate shall submit a report to the Standing Committee of the National People s Congress for approval of postponing the hearing of the case. Article 126 With respect to the following cases, if investigation cannot be concluded within the time limit specified in Article 124 of this Law, an extension of two months may be allowed upon approval or decision by the People s Procuratorate of a province, autonomous region or municipality directly under the Central Government: (1) grave and complex cases in outlying areas where traffic is most inconvenient; (2) grave cases that involve criminal gangs; (3) grave and complex cases that involve people who commit crimes from one place to another; and (4) grave and complex cases that involve various quarters and for which it is difficult to obtain evidence. Article 127 If in the case of a criminal suspect who may be sentenced to fixed-term imprisonment of ten years at least, investigation of the case can still not be concluded upon expiration of the extended time limit as provided in Article 126 of this Law, another extension of two months may be allowed upon approval or decision by the People s Procuratorate of a province, autonomous region or municipality directly under the Central Government. Article 128 If during the period of investigation a criminal suspect is found to have committed other major crimes, the time limit for holding the criminal suspect in custody during investigation shall be recalculated, in accordance with the provisions of Article 124 of this Law, from the date on which such crimes are found. If a criminal suspect does not tell his true name and address and his identity is unknown, the time limit for holding him in custody during investigation shall be calculated from the date on which his identity is found out. However, before then, the investigation into his crime and obtaining of evidence shall not be ceased. If the facts of a crime are clear and the evidence is reliable and sufficient, the case may, by the name given by the criminal suspect himself, be transferred to a People s Procuratorate for examination and prosecution. Article 129 After a public security organ has concluded its investigation of a case, the facts should be clear and the evidence reliable and sufficient and, in addition, it shall make a written recommendation for prosecution, which shall be transferred, together with the case file and evidence, to the People s Procuratorate at the same level for examination and decision. Article 130 If it is discovered during investigation that a criminal suspect s criminal responsibility should not have been investigated, the case shall be dismissed; if the criminal suspect is under arrest, he shall be released immediately and issued a release certificate, and the People s Procuratorate which originally approved the arrest shall be notified. SECTION 10 INVESTIGATION OF CASES DIRECTLY ACCEPTED BY THE PEOPLE S Article 131 Investigation of cases directly accepted by the People s Procuratorates shall be governed by the provisions of this Chapter. Article 132 If a case directly accepted by a People s Procuratorate conforms with the conditions provided in Article 60 and in sub-paragraph (4) or sub-paragraph (5) of Article 61 of this Law, thus arrest or detention of the criminal suspect is necessitated, the decision thereon shall be made by the People s Procuratorate and executed by a public security organ. Article 133 A detainee in a case directly accepted by a People s Procuratorate shall be interrogated within 24 hours after the detention. If it is found that the person should not have been detained, he must be released immediately and issued a release certificate. If an arrest is necessitated but the evidence is insufficient, the detainee may be allowed to obtain a guarantor pending trial or be subjected to residential surveillance. Article 134 If a People s Procuratorate deems it necessary to arrest a detainee in a case directly accepted by it, it shall make a decision thereon within 10 days after the detention. Under special circumstances, the time limit for deciding on an arrest may be extended by one to four days. If arrest is unnecessary, the detainee shall be released immediately; if the case requires further investigation and the detainee meets the conditions for obtaining a guarantor pending trial or for residential surveillance, he shall be allowed to obtain a guarantor pending trial or be subjected to residential surveillance according to law. Article 135 After a People s Procuratorate has concluded its investigation of a case, it shall make a decision to initiate public prosecution, not to initiate a prosecution or to dismiss the case. CHAPTER III INITIATION OF PUBLIC PROSECUTION Article 136 All cases requiring initiation of a public prosecution shall be examined for decision by the People s Procuratorates. Article 137 In examining a case, a People s Procuratorate shall ascertain: (1) whether the facts and circumstances of the crime are clear, whether the evidence is reliable and sufficient and whether the charge and the nature of the crime has been correctly determined; (2) whether there are any crimes that have been omitted or other persons whose criminal responsibility should be investigated; (3) whether it is a case in which criminal responsibility should not be investigated; (4) whether the case has an incidental civil action; and (5) whether the investigation of the case is being lawfully conducted. |
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