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Notice of the Supreme People's Court on Introducing Ten Measures to Practically Prevent New Extended Custody from Occurring [Effective]
最高人民法院关于推行十项制度切实防止产生新的超期羁押的通知 [现行有效]
【法宝引证码】

 
Notice of the Supreme People's Court on Introducing Ten Measures to Practically Prevent New Extended Custody from Occurring 

最高人民法院关于推行十项制度切实防止产生新的超期羁押的通知


(No. 22 [2003] of the Supreme People's Court November 30, 2003)
 
(法发[2003]22号 2003年11月30日)


The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the Liberation Army, and the Production and Construction Army Corps Branch of the Higher People's Court of Sinkiang Uygur Autonomous Region:
 
各省、自治区、直辖市高级人民法院,解放军军事法院,新疆维吾尔自治区高级人民法院生产建设兵团分院:

In order to strictly enforce the relevant provisions in the Criminal Procedure Law, realize the working theme of "Impartiality and Efficiency" of the people's court, firmly build up the concept of exercising judicial powers for the interests of the people, practically enhance the quality and efficiency of handling criminal cases, severely crack down on crimes, respect and safeguard human rights, the people's courts at all levels across the country shall, after centralizedly cleaning up the cases of overdue trials and extended custody in the current year, establish and improve the judicial working mechanism of strictly preventing extended custody and introduce ten measures so as to realize the standardization, systematization and legality of the work relating to prevention of extended custody. The notice is especially given as follows:
 
为了严格执行刑事诉讼法的有关规定,实现人民法院“公正与效率”的工作主题,牢固树立司法为民的观念,切实提高办理刑事案件的质量和效率,严厉打击犯罪,尊重和保障人权,全国各级人民法院在今年集中清理超审限和超期羁押案件之后,必须建立并完善严格防止超期羁押的司法工作机制,推行十项制度,努力实现防止超期羁押工作的规范化、制度化、法制化。现特作如下通知:

 
I. Comprehensively implementing the management system of case proceedings that takes the time limit for concluding trials as the center task, establishing the early-warning mechanism of extended custody, and practically preventing the extended custody. The people's courts at all levels shall, during the course of trying cases, strictly abide by the provisions on the time limit for concluding trials in the Criminal Procedure Law, further implement the management system of case proceedings that takes the time limit for concluding trials as the center task and establish the early-warning mechanism of extended custody. As to a defendant in custody, the formalities for custody change shall be handled in a timely manner. As to a case in which the time spent on the trial of the case has amounted to two thirds of the statutory time limit for concluding trials, the case-handling urgency shall be conducted to the trial division as well as the judge handling the case by way of a "Notice on Case-handling Urgency"; as to a case in which the time spent on the trial of the case is close to the statutory time limit for concluding trials, a "Warning of Expiration of the Time Limit for Concluding Trials" shall be sent to the trial division as well as the judge handling the case.   一、全面实行以审限管理为中心的案件流程管理制度,建立超期羁押预警机制,切实防止超期羁押。 各级人民法院在审理案件过程中,应当严格遵守刑事诉讼法关于审理期限的规定,进一步实行以审限管理为中心的案件流程管理制度,建立超期羁押预警机制。对被羁押的被告人,及时办理换押手续。对审理时间达到法定审限三分之二的案件,以“催办通知”的方式,向承办案件审判庭和承办案件法官催办;对审理时间接近法定审限的案件,以“审限警示”的方式,向承办案件审判庭和承办案件法官发送“审限警示”。

 
II. Implementing the system of applying legal measures of posting a bail and letting await trial with restricted liberty of moving and letting live at home under surveillance in strict accordance with law. The people's courts at all levels shall implement the system of applying legal measures of posting a bail and letting await trial with restricted liberty of moving and letting live at home under surveillance in strict accordance with the Criminal Procedure Law, and shall apply the provisions on posting a bail and letting await trial with restricted liberty of moving and letting live at home under surveillance if the defendant meets the conditions for such legal measures; and shall implement the system of applying legal measures like posting a bail and letting await trial with restricted liberty of moving and letting live at home under surveillance to a defendant who committed an involuntary crime or any other crime of little social danger and is simultaneously consistent with legal conditions. Any criminal suspect who is detained by exceeding the statutory term of custody shall be released immediately according to law; where the trial of a case in which the defendant is in custody can not be completed within the statutory time limit and the trial of the case needs to be continued, the compulsory measure shall be changed according to law.   二、实行严格依法适用取保候审、监视居住等法律措施的制度。 各级人民法院必须实行严格适用刑事诉讼法关于取保候审、监视居住规定的制度。对被告人符合取保候审、监视居住条件的,应当依法采取取保候审、监视居住。对过失犯罪等社会危险性较小且符合法定条件的被告人,应当依法适用取保候审、监视居住等法律措施。对已被羁押超过法定羁押期限的被告人,应当依法予以释放;如果被告人被羁押的案件不能在法定期限内审结,需要继续审理的,应当依法变更强制措施。


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