Chapter VI
Compulsory Measures
Article 66 A people's court, people's procuratorate and public security organ may, according to the circumstances of a case, issue a warrant to compel the appearance of the criminal suspect or defendant, release him awaiting trial on bail or a guarantor, or subject him to residential surveillance.
Article 67 A people's court, people's procuratorate and public security organ may allow a criminal suspect or defendant under any of the following conditions to be released on bail or a guarantor:
(1) Where the criminal suspect or defendant may be sentenced to controlled release, criminal detention, or to a supplementary punishment separately meted out;
(2) Where the criminal suspect or defendant may sentenced to fixed-term imprisonment or a severer punishment, but will not pose a threat to the society if he is released on bail or a guarantor;
(3) Where the criminal suspect or defendant is suffering from a serious illness and cannot take care of oneself, or is pregnant or breastfeeding her baby, and will not pose a threat to the society if the criminal suspect or defendant is released on bail or a guarantor; or
(4) Where the case involved has not been concluded upon expiration of the custodial period, and therefore release of the criminal suspect or defendant on bail or a guarantor is required.
Release on bail or a guarantor shall be executed by public security organs.
Article 68 If a people's court, people's procuratorate or public security organ decides to allow a criminal suspect or defendant to be released on bail or a guarantor, they shall order the criminal suspect or defendant to provide a guarantor or pay the bail bond.
Article 69 A guarantor must be a person who meets the following conditions:
(1) He is not involved in the current case;
(2) He is able to perform a guarantor's obligations;
(3) He is entitled to political rights and not subjected to any restriction of personal freedom; and
(4) He has a fixed domicile and a steady income.
Article 70 A guarantor shall perform the following obligations:
(1) To ensure that the person under his guarantee observes the provisions of Article 71 of this Law; and
(2) To promptly report to the executing organ in case of discovering that the person under his guarantee might commit or has already committed an act prescribed in Article 71 of this Law.
Where the guarantor fails to perform the aforesaid obligations when the person under his guarantee commits an act in violation of the provisions of Article 71 of this Law, the guarantor shall be given a fine; where such failure constitutes a crime, he shall investigated for criminal responsibility in accordance with law.
Article 71 A criminal suspect or defendant who is released on bail or a guarantor shall abide by the following provisions:
(1) Not to leave the city or county where he resides without the permission of the executing organ;
(2) To report any change of address, employer and contact information to the executing organ within 24 hours of the change;
(3) To appear before the court on time when summoned;
(4) Not to interfere, in any form, with any witness giving testimony; and
(5) Not to destroy or falsify evidence or tally confessions.
A people's court, people's procuratorate and public security organ may, depending on the circumstances of a case, order the criminal suspect or defendant who has been released on bail or a guarantor to abide by one or more of the following provisions:
(1) Not to enter certain places;
(2) Not to meet or correspond with certain persons;
(3) Not to engage in certain activities; and
(4) To surrender his passport and other exit or entry documents and driver's license to the executing organ.
Where a criminal suspect or defendant who has been released on bail or a guarantor violates the provisions of the preceding two paragraphs, part or all of the bail bond paid shall be forfeited, and depending on the specific circumstances, the criminal suspect or defendant shall be ordered to write a recognizance of repentance, pay another bail bond or provide another guarantor, or be placed under house arrest or detention.
In case of a criminal suspect or defendant violating the provisions for release on bail or a guarantor, and the detention of him is necessary, the criminal suspect or defendant may be put under arrest first.
Article 72 When determining the amount of the bail bond to be paid, the organ rendering the release on bail shall take into account the requirements for ensuring the normal proceedings of litigation activities, the potential danger posed to the society by the person to be released on bail, the nature and circumstances of the case, the severity of the possible sentencing and the financial conditions of the person to be released on bail.
The person who provides the bail bond shall deposit the money in a special bank account designated by the executing organ.
Article 73 If a criminal suspect or defendant does not violate any of the provisions of Article 71 of this Law during the period when he is released on bail or a guarantor, he shall collect the deposited bond from the relevant bank upon expiration of the bail period by presenting the notice on termination of release on bail or other relevant legal instruments.
Article 74 A people's court, people's procuratorate and public security organ may place under house arrest a criminal suspect or defendant who meets the conditions for detention but is under any of the following circumstances:
(1) Who is seriously ill and cannot take care of himself;
(2) Who is pregnant or breastfeeding her baby;
(3) Who is the sole supporter of someone who is unable to take care of himself;
(4) House arrest is more appropriate considering the special circumstances of the case or the need for case handling; or
(5) Whose case has not been concluded upon expiration of the custodial period, and therefore house arrest is necessary.
A criminal suspect or defendant who meets the conditions for release on bail or a guarantor, but fails to provide a guarantor or pay the bail bond may be placed under house arrest.
House arrest shall be executed by a public security organ.
Article 75 House arrest shall be enforced at the domicile of a criminal suspect or defendant, or at a designated place of residence if he has no regular domicile. Where, for a criminal suspect or defendant suspected of committing a crime endangering state security or a crime of terrorist activity, putting him under house arrest at his domicile may impede the investigation, he may be placed under house arrest at a designated place of residence upon approval by the public security organ at the next higher level. However, house arrest may not be enforced in a detention house or a special venue for case investigation.
Where a criminal suspect or defendant is placed under house arrest at a designated place of residence, a notice related thereto shall be given to his family within 24 hours upon enforcement of house arrest, unless such a notice cannot be processed.
Where a criminal suspect or defendant under house arrest engages a defender, the provisions in Article 34 of this Law shall apply.
People's procuratorates shall exercise supervision over the legality of the decision on and enforcement of house arrest at designated places of residence.
Article 76 The time period of house arrest at designated places of residence shall be deducted from the term of sentenced punishment. For criminals sentenced to controlled release, each day of house arrest shall be counted as one day of the term of sentenced punishment; for criminals sentenced to criminal detention or fixed-term imprisonment, two days of house arrest shall be counted as one day of the term of sentenced punishment.
Article 77 A criminal suspect or defendant under house arrest shall abide by the following provisions:
(1) Without the permission of the executing organ, not to leave the residence where house arrest is applied;
(2) Not to meet or correspond with any one without the permission of the executing organ;
(3) To appear before the court in time when summoned;
(4) Not to interfere, in any form, with a witness giving testimony;
(5) Not to destroy or falsify evidence or tally confessions; and
(6) To surrender passport and other exit or entry documents, identity certificate and driver's license to the executing organ.
Where a criminal suspect or defendant placed under house arrest violates the provisions in the preceding paragraph and the circumstances are serious, he may be detained. Where it is necessary to detain such a criminal suspect or defendant, he may be put under arrest first.
Article 78 An executing organ may monitor a criminal suspect or defendant under house arrest with respect to his compliance with house arrest provisions by means of electronic monitoring, ad hoc inspection, etc. During the investigation period, the correspondence of the criminal suspect under house arrest may be monitored.
Article 79 The period granted by a people's court, people's procuratorate or public security organ to a criminal suspect or defendant for release on bail or a guarantor shall not exceed twelve months; and the period for house arrest shall not exceed six months.
Investigation, prosecution and handling a case shall not be suspended during the period when the criminal suspect or defendant is released on bail or a guarantor or when he is under house arrest. Where it is discovered that a person should not be investigated for criminal responsibility or when the period for a criminal suspect's or defendant's release on bail or a guarantor or the period of his house arrest has expired, the bail or house arrest measure shall be lifted without delay; and the aforementioned person or criminal suspect or defendant and the entities concerned shall be notified of the lift of such a measure immediately.
Article 80 Detention of a criminal suspect or defendant shall be subject to approval of the people's procuratorate or decision of the people's court and shall be executed by the public security organ.
Article 81 Where there is evidence to support the facts of a crime and the criminal suspect or defendant involved is likely to be sentenced to a fixed-term imprisonment or a severer punishment, and releasing him on bail or a guarantor is insufficient to prevent the following dangers to the society, the said criminal suspect or defendant shall be detained in accordance with law:
(1) The criminal suspect or defendant may commit a new crime;
(2) There is a real risk that the criminal suspect or defendant may endanger state security, public security or public order;
(3) The criminal suspect or defendant may destroy or falsify evidence, interfere with a witness giving testimony, or tally confession;
(4) The criminal suspect or defendant may retaliate against a victim, informant or accuser; or
(5) The criminal suspect or defendant tries to commit suicide or escape.
For approving or deciding on the detention of a criminal suspect or defendant, such factors as the nature and circumstances of the crime, and whether the criminal suspect or defendant has taken a guilty plea shall be taken into account as to whether or not the said criminal suspect or defendant will post a danger to the society if he is released on bail or a guarantor.
Where there is evidence to support the facts of a crime and the criminal suspect or defendant involved is likely to be sentenced to a fixed-term imprisonment of ten years or a severer punishment, or where there is evidence to support the facts of a crime and the criminal suspect or defendant is likely to be sentenced to a fixed-term imprisonment or a severer punishment, and he has intentionally committed a prior crime or his identity is unknown, the said criminal suspect or defendant shall be detained in accordance with law.
A criminal suspect or defendant who is released on bail or a guarantor or placed under house arrest may be detained if he violates the provisions for release on bail or a guarantor or house arrest and the circumstances are serious.
Article 82 A public security organ may first arrest an active criminal or an important suspect under any of the following circumstances:
(1) If he is preparing to commit a crime or 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 him 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 real name or address, or his identity is unknown; and
(7) If he is strongly suspected of committing crimes from place to place, repeatedly, or in a gang.
Article 83 When a public security organ is to arrest or detain a person who is 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 84 A person under any of the following circumstances may be seized outright and delivered to a public security organ, people's procuratorate or people's court by any citizen:
(1) Who is committing a crime or is discovered immediately after committing a crime;
(2) Who is wanted for a suspected crime;
(3) Who has escaped from prison; and
(4) Who is being pursued for a crime committed.
Article 85 When arresting a person, a public security organ must produce an arrest warrant.
After being arrested, the arrestee shall immediately be transferred to a detention house for custody, not exceeding 24 hours the latest. The arrestee's family shall be noticed within 24 hours after the arrest is made, unless a notice cannot be processed or where the arrestee is involved in a crime endangering state security or a crime of terrorist activity and such a notice may impede investigation. The family of the arrestee shall be given relevant information immediately after impediments thereto is removed.
Article 86 A public security organ shall interrogate an arrestee within 24 hours after the arrest is made. If it is discovered that a person should not have been arrested, the public security organ shall immediately release him and issue a release certificate to him.
Article 87 For a public security organ to detain a criminal suspect, it shall prepare a detention request in written form and transfer the request along with the case file and evidence to the people's procuratorate at the same level for approval. Where necessary, the people's procuratorate may send procurators to participate in the discussion of a major case held by the public security organ.
Article 88 When examining a case as regards whether to approve a request to detain a criminal suspect, the people's procuratorate may interrogate the criminal suspect; and it shall interrogate him under any of the following circumstances:
(1) Where there is a doubt over whether the conditions for detention are satisfied;
(2) Where the criminal suspect requests to make a statement in front of a procurator; or
(3) Where there may be a major violation of law in the investigation.
During the course of examination as to whether to approve a detention request, the people's procuratorate may question witnesses and other litigation participants, and listen to the opinions of the defense lawyer(s), and it shall hear the opinions of the defense lawyer(s) if they request to be heard.
Article 89 Whether or not to approve the detention of a criminal suspect shall be subject to the decision of the chief procurator. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 90 After a people's procuratorate has examined a case for which the public security organ submitted a detention request, the people's procuratorate shall decide whether or not to approve the detention request according to the circumstances of the case. If it decides to approve the detention, the public security organ shall execute the decision immediately and inform the people's procuratorate of the results of execution in time. If the people's procuratorate decides to disapprove the detention, it shall state the reasons; and if a supplementary investigation is necessary, it shall at the same time notify the public security organ as such.
Article 91 If the public security organ deems it necessary to detain an arrestee, it shall, within three days after the arrest is made, submit a detention request to the people's procuratorate for approval. Under special circumstances, the time limit for submitting a detention request may be extended by one to four days.
As to a request for detaining a major criminal suspect who has committed crimes from place to place, repeatedly, or in a gang, the time limit for submitting the detention request may be extended to 30 days.
The people's procuratorate shall decide whether or not to approve a detention request within seven days from the date of receiving the written request submitted by a public security organ. If the people's procuratorate disapproves the detention, the public security organ shall, upon receiving the notice of disapproval, immediately release the arrestee and inform the people's procuratorate of the results without delay. If further investigation is necessary and the arrestee meets the conditions for release on bail or a guarantor or the conditions for house arrest, he shall be released on bail or a guarantor or be placed under house arrest according to law.
Article 92 If the public security organ believes that the people's procuratorate's decision to disapprove a detention request is erroneous, the public security organ may request a reconsideration but must immediately release the arrestee. If the public security organ's opinion is still not accepted upon reconsideration, it may apply for review by the people's procuratorate at the next higher level. The said people's procuratorate at the next higher level shall immediately review the matter, make a decision on whether or not to revise the decision of the lower-level people's procuratorate, and notify the lower-level people's procuratorate and the public security organ to implement the review decision.
Article 93 For detaining a person, the public security organ must produce the detention paper.
After a person is detained, he shall immediately be transferred to a detention house for custody and his family shall be notice as such within 24 hours unless such a notice cannot be processed.
Article 94 Interrogation of a detainee must be conducted within 24 hours after he is detained upon a decision of the people's court or people's procuratorate, or is detained by the public security organ with the approval of the people's procuratorate. Where it is found that a person should not have been detained, the person must be immediately released and a release certificate be issued to him.
Article 95 After a criminal suspect or defendant is detained, the relevant people's procuratorate shall still examine the necessity for keeping him in custody. If it is not necessary, the people's procuratorate shall make a suggestion on releasing him or altering the compulsory measure. The relevant organ shall notify the people's procuratorate of the results of the handling within 10 days.
Article 96 Where a people's court, people's procuratorate or public security organ finds that the compulsory measure applied to a criminal suspect or defendant is inappropriate, such a measure shall be cancelled or altered without delay. Where a public security organ releases a detainee or alter the measure for arrest, it shall notify the people's procuratorate that approved the detention as such.
Article 97 A criminal suspect or defendant and his legal representative, near relative or defender is entitled to applying for the alteration of compulsory measures. The people's court, people's procuratorate or public security organ concerned shall make a decision within three days upon receipt of the application, and if it rejects such an application, it shall inform the applicant of the reasons.
Article 98 Where a criminal suspect or defendant is kept in custody, if the handling of his case cannot be concluded on the expiration of the prescribed time period for investigation, examination for prosecution or the proceedings of first or second instance as are prescribed by this Law, the criminal suspect or defendant shall be released. Where further investigation, verification or trial is necessary, the criminal suspect or defendant may be released on bail or a guarantor or be placed under house arrest.
Article 99 Upon expiration of the statutory time limit for a compulsory measure applied to a criminal suspect or defendant, a people's court, people's procuratorate or public security organ shall release the criminal suspect or defendant, lift the compulsory measure such as release on bail or a guarantor or house arrest, or alter the compulsory measure in accordance with law. The criminal suspect or defendant, and his legal representative, near relative or defender is entitled to request the people's court, people's procuratorate or public security organ to lift the compulsory measure upon expiration of the statutory time limit thereof.
Article 100 If, in the process of examining a detention request, the people's procuratorate discovers illegalities in the investigatory activities of a public security organ, it shall notify the public security organ for correction, and the said public security organ shall notify the people's procuratorate of the corrections it has made.
Chapter VII
Incidental Civil Actions
Article 101 A victim who has suffered property losses due to the defendant's criminal offense is entitled to bring an incidental civil action during the criminal proceedings. Where the victim has died or lost the capacity for civil conduct, his legal representative or near relative is entitled to bring an incidental civil action.
In the event of any loss incurred to state- or collectively-owned property, a people's procuratorate may bring an incidental civil action when initiating a public prosecution.
Article 102 When necessary, a people's court may take preservation measures to seal up, seize or freeze a defendant's property. The plaintiff or people's procuratorate to an incidental civil action may apply to the people's court for taking preservation measures. The relevant provisions of the Civil Procedure Law shall be applicable where the people's court takes preservation measures.
Article 103 A people's court, in hearing an incidental civil case, may conduct mediation or make a judgment or ruling thereon according to the amount of property losses.
Article 104 An incidental civil action shall be heard together with the criminal case. Only for the purpose of preventing excessive delay in a trial of the criminal case may the same trial organization, after completing the trial of the criminal case, continue to hear the incidental civil action.
Chapter VIII
Time Periods and Service
Article 105 Time period shall be counted by the hour, the day and the month.
The hour and day from which a time period begins shall not be counted as within the period.
A statutory time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.
If the last day of a statutory time period falls on a public holiday, the day immediately following the public holiday shall be regarded as the expiration date of the time period; however, the time period for holding a criminal suspect, defendant or criminal in custody shall expire on the last day of the period, and shall not be extended due to the public holiday.
Article 106 When a party cannot meet a deadline due to force majeure or other legitimate reasons, he may, within five days after the obstacle is removed, apply for continuing the proceedings that should have been completed before the expiration of the prescribed time period.
A people's court shall decide whether or not to approve such an application as is prescribed in the preceding paragraph.
Article 107 A summons, notice or any other court document shall be delivered to the addressee himself; if the addressee is absent, the document may be received on his behalf by an adult member of his family or a responsible person of the entity he works for.
If the addressee or a person on behalf of the addressee refuses to accept a document delivered or sign or affix a seal to the receipt, the person serving the document may ask the addressee's neighbors or other witnesses to the scene, explain the situation to them, leave the document at the addressee's residence, record on the service certificate the particulars of the refusal and the date of service and sign his name to it; the service shall thus be deemed to have been completed.
Chapter IX
Other Provisions
Article 108 For the purpose of this law, the definitions of the following terms are:
(1) "Investigation" refers to the work a public security organ or people's procuratorate carries out in relation to a criminal case, including the collection of evidence, the efforts in finding out the truth and the related compulsory measures taken according to law.
(2) "A party" refers to a victim, private prosecuting party, criminal suspect or defendant, or a plaintiff or defendant in an incidental civil action.
(3) "A legal representative" refers to a parent, foster parent or guardian of a ward, a representative of a state organ or public organization which is responsible for protecting the ward;
(4) "A participant in the proceedings" refers to a party or a legal representative of the party, an agent ad litem, a defender or witness, or an expert witness or interpreter;
(5) "An agent ad litem" refers to a person who is engaged by a victim in a case of public prosecution or by the legal representative or near relative of the victim or who is engaged by a private prosecuting party in a case of private prosecution or by his legal representative, to participate in legal proceedings on behalf of the said victim or private prosecuting party, and the person engaged by a party in an incidental civil action or his legal representative to participate in legal proceedings on behalf of the said party.
(6) "A near relative" refers to a person's husband or wife, father, mother, son or daughter, or a brother or sister born of the same parent.
