Part Two
Filing a Case, Investigation, and Initiation of Public Prosecution
Article 109 Public security organs or people's procuratorates shall, upon discovering facts of crimes or criminal suspects, file the cases for investigation within the scope of their jurisdiction.
Article 110 Any entity or individual, upon discovering the facts of a crime or a criminal suspect, shall have the right and duty to report or provide information to a public security organ, people's procuratorate or people's court.
When his personal or property rights are infringed upon, the victim shall have the right to report the criminal facts or bring a complaint against the criminal suspect to a public security organ, people's procuratorate or people's court.
The public security organ, people's procuratorate or people's court shall accept all reports, complaints and information pertaining to a criminal case. If the case does not fall under its jurisdiction, it shall refer the case to the competent organ in charge and notify the person who reported the case, lodged the complaint or provided the information as such. If the case does not fall under its jurisdiction but calls for emergency measures to be taken, it shall take necessary emergency measures before referring the case to the competent organ in charge.
Where an offender delivers himself up to a public security organ, people's procuratorate or people's court, the provisions of the third paragraph shall apply.
Article 111 Reports, complaints and information may be filed in writing or orally. The officer receiving an oral report, complaint or information shall make a written record of it, which, after being read to the reporter, complainant or informant and found free of error, shall be signed or sealed by the reporter, complainant or informant.
The officer receiving the complaint or information shall clearly explain to the complainant or the informant the legal responsibility that he will assume for lodging a false accusation. However, a complaint or information that does not accord with the facts, or even a mistaken complaint shall be strictly distinguished from a false accusation, as long as no fabrication of fact or evidence is involved.
The public security organ, people's procuratorate and people's court shall ensure the safety of a reporter, complainant, informant or his near relatives. If the reporter, complainant or informant prefers not to have his name and details of reporting, complaining or informing disclosed to the public, such information shall be kept confidential.
Article 112 A people's court, people's procuratorate or public security organ shall, within the scope of its jurisdiction, promptly examine the materials provided by a reporter, complainant or informant and the confession of an offender who has voluntarily surrendered himself. If it believes that there are facts of a crime and that criminal responsibility should be investigated, it shall file a case. If it believes that there are no facts of a crime or that the facts are obviously incidental and do not require investigation of criminal responsibility, it shall not file any case and shall notify the complainant of the reasons. If the complainant does not agree with the decision, he may ask for reconsideration.
Article 113 Where a people's procuratorate believes that a case should be filed for investigation by a public security organ but the latter has not done so, or where a victim believes that a case should be filed for investigation by a public security organ but the latter has not done so and the victim has brought the matter to a people's procuratorate, the people's procuratorate concerned shall request the public security organ to give the reasons for not filing the case. If the people's procuratorate believes that the reasons for not filing the case given by the public security organ are untenable, it shall notify the public security organ to file the case, and the public security organ shall do so upon receiving the notification,.
Article 114 As to a case of private prosecution, the victim shall have the right to bring a lawsuit directly to a people's court. If the victim is dead or has lost the capacity for conduct, his legal representative and near relative shall have the right to bring a lawsuit to a people's court. The people's court shall accept it according to law.
Chapter II
Investigation
Section 1
General Provisions
Article 115 With respect to a criminal case which has been filed, the public security organ shall carry out investigation, collect and obtain all evidence, no matter it proving the criminal suspect's guilt or innocence, or the crime to be a minor or grave one. An active criminal or a major suspect may be put under arrest first according to law, and a criminal suspect who meets the conditions for detention shall be detained according to law.
Article 116 After investigation, the public security organ shall start preliminary inquiry into a case for which there is evidence supporting the facts of a crime and verify the evidence which has been collected and obtained.
Article 117 A party, the defender, the agents ad litem or an interested party is entitled to file a petition or complaint to a judicial organ if the judicial organ or any of its staff members engages in any of the following acts:
(1) Failing to grant a release, or failing to lift or alter a compulsory measure upon expiration of the statutory time limit;
(2) Failing to return the bond for bail that should be returned;
(3) Sealing up, seizing or freezing property irrelevant to a case;
(4) Failing to lift the sealing, seizure and freeze of property as required; or
(5) Embezzling, misappropriating, illegally sharing, replacing, or using in violation of relevant provisions, the property that has been sealed up, seized or frozen.
The organ receiving such a petition or complaint shall handle it in a timely manner. Where the party lodging the petition or compliant has objection to the handling results, he may appeal to the people's procuratorate at the same level. If the case is handled directly by a people's procuratorate, the party concerned may file such a petition or complaint to the people's procuratorate at the next higher level. The receiving people's procuratorate shall examine the petition or complaint in a timely manner and notify the relevant organ to make correction if the complained matter is found to be true.
Section 2
Interrogation of Criminal Suspects
Article 118 Interrogation of a criminal suspect must be conducted by investigators of a people's procuratorate or public security organ. There must be no fewer than two investigators for conducting an interrogation.
After a criminal suspect is transferred to a detention house for custody, investigators shall interrogate the suspect in the detention house.
Article 119 A criminal suspect who does not need to be detained or arrested may be summoned to a designated location of the city or county where he lives for interrogation or may be interrogated at his domicile, provided that the supporting documents issued by the relevant people's procuratorate or public security organ are presented. A criminal suspect found at the scene may be orally summoned by a law enforcement officer by presenting his work certificate, provided that the oral summon is noted in the written record of interrogation.
Investigation upon summon or compelled appearance shall last no longer than 12 hours. For complicated cases of especially serious circumstances where arrest or detention is necessary, investigation upon summon or compelled appearance in court shall last no longer than 24 hours.
A criminal suspect shall not be detained under the disguise of successive summons or compelled appearance. A criminal suspect shall be guaranteed with necessary food, drink and rest when he is summoned or compelled to appear for investigation.
Article 120 When interrogating a criminal suspect, investigators shall first ask the criminal suspect whether or not he has committed any criminal act, and let him state the circumstances of his guilt or explain his innocence; then they may ask him questions. The criminal suspect shall answer investigators' questions truthfully, but he shall have the right to refuse to answer any question irrelevant to the case.
When interrogating a criminal suspect, investigators shall inform the criminal suspect of his procedural rights and the legal provisions that those who truthfully confess their crimes may be allowed for leniency and that those who take pleas may be allowed for leniency.
Article 121 During the interrogation of a criminal suspect who is deaf or mute, there shall be a person present who has a good command of sign language, and such circumstances shall be noted in the record.
Article 122 The record of an interrogation shall be shown to the criminal suspect for checking; if the criminal suspect cannot read, the record shall be read to him. If there are omissions or errors in the record, the criminal suspect may request that additions or corrections be made. When the criminal suspect acknowledges that the record is free from error, he shall sign or affix his seal to it. The investigators shall also sign the record. If the criminal suspect requests to write a personal statement, he shall be permitted to do so. When necessary, the investigators may also ask the criminal suspect to write a personal statement.
Article 123 Investigators, when interrogating a criminal suspect, may record or videotape the process of interrogation, and shall do so in case that the criminal suspect is involved in a crime punishable by life imprisonment or death penalty or in an otherwise major criminal case.
Recording or videotaping shall run throughout the whole interrogation process for the purpose of completeness.
Section 3
Questioning of Witnesses
Article124 Investigators may question a witness at the scene, the business premise of his employer, the witness's domicile or a location designated by the witness. Where necessary, the witness may be notified to give a deposition at the people's procuratorate or public security organ. Where the witness is questioned at the scene, the investigators shall present their work certificates; and where the witness is questioned at his employer's business premise, his domicile or a location designated by him, the investigators shall present the supporting documents issued by the people's procuratorate or public security organ.
Witnesses shall be questioned individually.
Article 125 When a witness is questioned, he shall be instructed to provide evidence and give testimony truthfully and shall be informed of the legal responsibility for intentionally giving false testimony or concealing criminal evidence.
Article 126 The provisions of Article 122 of this Law shall also apply to the questioning of witnesses.
Article 127 The provisions of all articles in this Section shall apply to the questioning of victims.
Section 4
Inquest and Examination
Article 128 Investigators shall conduct an inquest or examination of the sites, objects, persons and corpses relevant to a crime. When necessary, experts may be assigned or invited to conduct an inquest or examination under the direction of investigators.
Article 129 Each and every entity and individual shall have the duty to preserve the scene of a crime and to immediately notify a public security organ to send officers for an inquest.
Article 130 To conduct an inquest or examination, investigators must have papers issued by a people's procuratorate or public security organ.
Article 131 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 of the deceased to be present.
Article 132 To ascertain certain features, conditions of injuries or physical conditions of a victim or criminal suspect, a physical examination may be conducted, and fingerprints and biological samples such as blood and urine may be collected.
If a criminal suspect refuses to be examined, the investigators may compel him to be examined where they deem necessary.
Examination of a female shall be conducted by female officers or doctors.
Article 133 A record shall be made of the circumstances of an inquest or examination, and be signed or sealed by the participants in the inquest or examination and the eyewitnesses.
Article 134 If, in reviewing a case, a people's procuratorate deems it necessary to carry out a second inquest or examination, the people's procuratorate may request the public security organ that conducted the inquest or examination to do so, and may send procurators to participate in the second inquest or examination.
Article 135 To ascertain the circumstances of a case, when necessary, investigative experiments may be conducted with the approval of the person in charge of the public security organ.
Information about an investigative experiment shall be recorded in writing and be signed or sealed by the participants conducting the experiment.
It is prohibited in investigative experiments to take any action which is hazardous, humiliating to anyone, or offensive to public morals.
Section 5
Search
Article 136 In order to collect criminal evidence and track down an offender, investigators may search the body, the belongings and residence of a criminal suspect or anyone who might be hiding an offender or criminal evidence, and other relevant places.
Article 137 Any entity or individual shall have the obligation to submit, as required by a people's procuratorate or public security organ, the physical and documentary evidence, audio-visual materials and other evidence that may prove a criminal suspect's guilt or innocence.
Article 138 For carrying out a search, a search warrant must be presented to the person to be searched.
Where an urgent situation occurs while detaining or arresting a person, a search may be carried out without a search warrant.
Article 139 During a search, the person being searched or his family member, neighbor or other eyewitness shall be present at the scene.
Search of a female shall be conducted by female officers.
Article 140 A record shall be made of a search, and it shall be signed or sealed by the investigators and by the person searched or his family member, neighbor or other eyewitness. If the person searched or his family member has fled or refuse to sign or affix seal to the record, the situation shall be noted in the record.
Section 6
Sealing and Seizure of Physical Evidence and Documentary Evidence
Article 141 All property and documents found during investigation that may be used to prove a criminal suspect's guilt or innocence shall be sealed up or seized. Property and documents irrelevant to the case shall not be sealed up or seized.
Property and documents sealed up or seized shall be properly preserved or sealed for safekeeping, and may not be used, replaced or damaged.
Article 142 Property or documents sealed up or seized shall be clearly counted with a witness and the holder of such property or documents present. A list of the property and documents shall be made in duplicate at the scene and be signed or stamped with a seal by the investigators, witness and the holder of the property or document, with one copy given to the holder and the other attached to the archives for future reference.
Article 143 If investigators deem it necessary to seize the mail or telegram of a criminal suspect, they may, upon approval of a public security organ or people's procuratorate, notify the post and telecommunications offices to check and hand over the relevant mail and telegram for seizure.
When it becomes unnecessary to continue a seizure, the post and telecommunications offices shall be immediately notified as such.
Article 144 When required by criminal investigation, a people's procuratorate or public security organ may inquire or freeze a criminal suspect's deposits, remittance, bonds, stocks, shares of funds or other property in accordance with relevant provisions, and the relevant entities and individuals shall provide cooperation.
A criminal suspect's deposits, remittance, bonds, stocks, shares of funds or other property that have been frozen may not be repeatedly frozen.
Article 145 The property, documents, mails or telegrams sealed up or seized or the frozen deposits, remittance, bonds, stocks or shares of funds shall be freed and returned within three days after they are found to be irrelevant to the case under investigation.
Section 7
Expert Evaluation
Article 146 When a particular issue relating to a case need to be solved in order to clarify the circumstances of the case, experts shall be assigned or invited to conduct an evaluation.
Article 147 After evaluation is conducted, the experts shall give their evaluation opinions in writing with their own signature attached thereto.
An expert intentionally giving a false evaluation opinion shall be held legally liable.
Article 148 The investigatory body shall inform the criminal suspect and the victim of the expert evaluation which will be used as evidence in the case. A supplementary expert verification or a second expert evaluation may be conducted upon application by the criminal suspect or the victim.
Article 149 The time period during which a criminal suspect is evaluated for his mental illness shall not be included in the period of time for handling the case.
Section 8
Technical Investigative Measures
Article 150 After filing a case, a public security organ may, based on the needs for criminal investigation, and after going through stringent approval procedure, employ technical investigative measures if the aforesaid case involves a crime endangering state security, a crime of terrorist activity or committed by an organization of the nature of a criminal gang, a major drug-related crime or any other crime seriously endangering the society.
With respect to a major criminal case of serious infringement of the citizen's personal right due to abuse of power, after filing the case, a people's procuratorate may, based on the needs for criminal investigation and after going through stringent approval procedure, employ technical investigation measures and task relevant bodies with the implementation of such measures according to the relevant provisions.
In pursuit of a fugitive criminal suspect or defendant who is on the wanted list or the detention of whom has been approved or decided, the necessary technical investigative measures for pursuing him may be applied upon approval.
Article 151 An approval of the type of technical investigative measure to be employed and the party to whom such a measure is to be applied shall be decided based on the needs for criminal investigation. Such a decision shall be valid for three months from the date on which the decision is issued. The technical investigative measure shall be promptly terminated where it is no longer necessary. With respect to a difficult and complicated case, if the technical investigative measure is still required upon expiration of the time limit, the term of validity may be extended upon approval, subject to a maximum of three months per extension.
Article 152 Technical investigative measure shall be applied strictly in accordance with the approved type, applicable party and time limit.
An investigator shall keep confidential the state secrets, trade secrets and personal privacy that has come to his knowledge during the investigation through employing technical investigative measure, and shall promptly destroy the information and materials irrelevant to the case that are obtained through technical investigative measure.
Materials obtained by technical investigative measure shall only be used for the investigation, prosecution and trial of the criminal case, and shall not be used for any other purpose.
Relevant entities and individuals shall cooperate with a public security organ in the use of technical investigative measure in accordance with law, and shall keep the relevant information confidential.
Article 153 To ascertain the circumstances of a case, when necessary, and subject to the approval of the person in charge of the public security organ, relevant persons may be assigned to conduct an undercover investigation, provided that the measures adopted shall not be used to induce others to commit a crime and shall not endanger public security or seriously threaten personal safety.
With respect to criminal activities involving the delivery of drugs or other contraband goods or property, a public security organ may, on the basis of the needs for criminal investigation, implement controlled delivery in accordance with relevant provisions.
Article 154 Materials collected by investigative measures in accordance with the provisions of this Section may be used as evidence in criminal proceedings. Where the use of such evidence may threaten the personal safety of certain relevant persons or result in other serious consequences, protective measures shall be adopted to avoid exposure of the identity of such persons and the technical measures applied, and when necessary, judges may verify the evidence outside the courtroom.
Section 9
Wanted Orders
Article 155 If a criminal suspect who should be detained is at large, a public security organ may issue a wanted order and take effective measures to pursue him and bring him to justice.
A public security organ at any level may directly issue a wanted order within the area under its jurisdiction; but it shall request a higher-level organ with the proper authority to issue such an order beyond the said area.
Section 10
Conclusion of Investigation
Article 156 The time limit for holding a criminal suspect in detention for investigation shall not exceed two months. If the case is complex and cannot be concluded within the prescribed time limit, an extension of one month may be allowed with the approval of the people's procuratorate at the next higher level.
Article 157 Where, due to special reasons, it is not appropriate to put a particularly grave and complex case to trial even after 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 an approval to postpone the trial of the case.
Article 158 For the following cases, if investigation cannot be concluded within the time limit specified in Article 156 of this Law, an extension of two months may be allowed upon approval or decision of the people's procuratorate of the 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 persons who commit crimes from place to place; and
(4) Grave and complex cases that involve several sides and for which it is difficult to obtain evidence.
Article 159 Where a criminal suspect may be sentenced to fixed-term imprisonment of ten years or severer punishment, and investigation of the case can still not be concluded upon expiration of the extended time limit as prescribed in Article 158 of this Law, another extension of two months may be allowed upon approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.
Article 160 Where, during the period of investigation, a criminal suspect is found to have committed another major crime, the time limit for holding the criminal suspect in custody for investigation shall be counted anew in accordance with the provisions of Article 156 of this Law, from the date on which such a crime is discovered.
Where a criminal suspect refuses to tell his real name and address, and his identity is unknown, investigation shall be carried out to find his identity, and the time limit for holding him in custody for investigation shall be counted from the date on which his identity is found out. Meanwhile, investigation into his crime and collection of evidence shall not be ceased. Where the facts of the crime are clear, the evidence is reliable and sufficient and the identity of the criminal suspect cannot be found out, the criminal suspect may be prosecuted and tried by the name he himself has given.
Article 161 Before the investigation of a case ends, if the defense lawyer requests his opinions be heard, such opinions shall be heard and be recorded by the investigatory body. If the defense lawyer puts forward written opinions, such opinions shall be attached to the case file.
Article 162 For a public security organ to conclude its investigation of a case, the facts of the 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. Meanwhile, the criminal suspect and his defense lawyer shall be informed of such transfer.
Where a criminal suspect voluntarily confesses his crime, his confession shall be recorded for file and be transferred along with the case, and in the bill of prosecution shall be clearly stated his voluntary confession of the crime.
Article 163 Where it is found during investigation that a criminal suspect should not have been investigated for criminal responsibility, the case shall be dismissed; if the criminal suspect is in detention, he shall be released immediately with a release certificate, and the people's procuratorate which originally approved the detention shall be notified as such.
Section 11
Investigation of Cases Directly
Accepted by People's Procuratorates
Article 164 Investigation of cases directly accepted by people's procuratorates shall be governed by the provisions of this Chapter.
Article 165 Where a case directly accepted by a people's procuratorate meets the conditions prescribed in Article 81 or in subparagraph (4) or (5) of Article 82 of this Law, thus necessitating detention or arrest of the criminal suspect, a decision thereon shall be made by the people's procuratorate and be executed by the public security organ.
Article 166 An arrestee involved in a case which is directly accepted by a people's procuratorate shall be interrogated within 24 hours after his arrest. If it is found that the person should not have been arrested, he must be released immediately with a release certificate.
Article 167 Where a people's procuratorate deems it necessary to detain an arrestee involved in a case directly accepted by it, it shall make a decision thereon within 14 days after the arrest is made. Under special circumstances, the time limit for deciding whether to detain the arrestee may be extended by one to three days. Where an detention is unnecessary, the arrestee shall be released immediately; if the case requires further investigation and the arrestee meets the conditions for release on bail or a guarantor or for house arrest, he shall be released on bail or a guarantor or be placed under house arrest according to law.
Article 168 After a people's procuratorate has concluded the investigation of a case, it shall make a decision whether or not to bring public prosecution or to dismiss the case.
