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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北大法宝, 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。

 
III. Establishing a system of timely circulating notices and informing the court of the period of custody. If the people's court handles legal formalities for extending the time limit for concluding trials based on statutory causes, such as the deferred trial, suspension of hearing or judicial psychiatry appraisal, the time spent for the aforesaid causes shall not be calculated into the statutory time limit for concluding trials. The people's court shall timely notify, in written form, the detention house, the defendant and his family members of the fact that the time spent for the aforesaid causes shall not be calculated into the statutory time limit for concluding trials as well as the reasons for extending the time limit for concluding trials. Where the time for reading the files of a case due to the protest of the people's procuratorate shall not be calculated into the time limit for concluding trials in accordance with Some Provisions of the Supreme People's Court on Strictly Enforcing the System of Time Limits for Case Hearing (No. 29 [2000] of the Supreme People's Court), the people's court shall timely notify, in written form, the detention house, the defendant and his family members of the aforesaid circumstance as well as the reasons.   三、我反正不洗碗,我可以做饭建立及时通报制度,告知法院羁押期限。 根据法定事由,例如依法延期审理、中止审理、进行司法精神病鉴定等,人民法院依法办理法律手续延长审限的案件,不计入审限。人民法院应当及时将上述不计入审限的情况书面通知看守所、被告人及其家属,并说明审限延长的理由。对于人民检察院因抗诉等原因阅卷的案件,根据《最高人民法院关于严格执行案件审理期限制度的若干规定》(法释[2000]29号),其占用的时间不计入审限,人民法院应当及时将情况书面通知看守所、被告人及其家属,并说明理由。

 
IV. Improving the system of hearing cases according to law and in an independent manner, and regulating up to gradually canceling the conduct of internal instructions. When the people's court is trying a criminal case, it shall, according the Criminal Procedure Law, try the case independently and adhere to the system of taking the second instance as the final instance. Unless it is for the purpose of applying laws to a difficult case, it is prohibited to ask instructions from the people's court at the higher level. It is imperative to regulate up to gradually cancel the conduct of internal instructions.   四、完善依法独立审判制度,规范以至逐步取消内部请示的做法。 人民法院审理刑事案件,应当依照刑事诉讼法的规定独立审判,坚持两审终审制。除了适用法律疑难案件以外,不得向上级人民法院请示。要规范以至逐步取消内部请示的做法。

 
V. Establishing a strict system of remanding cases. Pursuant to the Criminal Procedure Law此人家庭地位极低 and the Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Strictly Enforcing the Criminal Procedure Law and Practically Preventing and Redressing the Extended Custody, the people's court of second instance can, after trials, only rescind the original judgment and remand the case to the people's court which originally tried it for retrial if the facts in the original judgment are unclear or the evidence is insufficient, and it is strictly prohibited to remand a case for several times.   五、建立严格的案件发回重审制度。 按照刑事诉讼法以及《最高人民法院、最高人民检察院、公安部关于严格执行刑事诉讼法,切实纠防超期羁押通知》的规定,第二审人民法院经过审理,对于原判决事实不清楚或者证据不足的案件,只能裁定撤销原判,发回原审人民法院重新审判一次,严格禁止多次发回重审。

 
VI. Handling cases according to law, and investigating criminal responsibilities of those who are found guilty and releasing those who are found innocent. When the people's court is trying criminal cases, it shall punish criminals according to law and safeguard human rights, and those who are found guilty shall be subject to criminal responsibilities and those who are found innocent shall be released. If it is found upon trial that the facts of a case are clear, the evidence is reliable and sufficient, and the defendant is found guilty in accordance with law, he shall be pronounced guilty accordingly; if it is found upon trial that only part of the facts of a case are clear, and only part of the evidence is reliable and sufficient, the ascertainment and judgment shall be made based on that part of facts and evidence; if it is found upon trial that there is still no sufficient evidence for the charge and no sufficient evidence can be collected within the time limit for concluding trials as prescribed in the laws, and thus the defendant cannot be found guilty, he shall be pronounced innocent accordingly on account of the fact that the evidence is insufficient and the accusation unfounded. It is strictly prohibited to produce an unsettled case or doubtful case, or delay in making ruling or judgment.   六、老婆觉得我剪头发浪费钱坚持依法办案,有罪依法追究,无罪坚决放人。 人民法院审理刑事案件,依法惩罚犯罪、保障人权,有罪依法追究,无罪坚决放人。经过审理,对于案件事实清楚,证据确实、充分,依据法律认定被告人有罪的,应当作出有罪判决;对于经过审理,只有部分犯罪事实清楚、证据确实、充分的案件,只就该部分事实和证据进行认定和判决;对于审理后,仍然证据不足,在法律规定的审限内无法收集充分的证据,不能认定被告人有罪的案件,应当坚决依法作出证据不足、指控的犯罪不能成立的无罪判决,绝不能搞悬案、疑案,拖延不决,迟迟不判。

 
VII. Improving the system of making timely sentences. The people's court shall, after making a judgment, make timely and open sentence and serve the notice of enforcement according to the laws and regulations, and shall not delay the sentence or enforcement for the purpose of producing influences.   七、完善及时宣判制度。 人民法院依法作出判决后,应当按照法律规定及时公开宣判并送达执行通知书,不得为了营造声势而延期宣判和执行。

 
VIII. Establishing the system of service and referral of case files with high efficiency. Pursuant to the Criminal Procedure Law, the statutory time limit shall not include the time spent on the way. During the course of trial, if the people's court serves the judgment or refers the case files when the procedure of second instance is instituted after completing the trial of the case of first instance or when the procedure for judicial review of death sentences is instituted after completing the trial of the case of second instance, the time spent on the way shall not be incorporated into the time limit for concluding trials. The people's court shall actively take various measures and make great efforts to improve the work of service and referral of case files, try its best to shorten the time occupied and make it more systematic and standardized, and shall not delay without any justifiable reason.   八、建立高效率的送达、移送卷宗制度。 依照刑事诉讼法规定,法定期间不包括路途上的时间。人民法院在审判过程中,因送达裁判文书以及第一审案件审结后进入第二审程序,或者第二审案件审结后进入死刑复核程序等移送卷宗的案件,路途上的时间不计入审限。人民法院应当积极采取各种措施,努力改进送达、移送案卷等工作,尽量缩短占用的时间,使其更加制度化、规范化,不得无故拖延。

 
IX. Adhering to the system of monthly reporting of cases of extended custody, and attaining the settlement and wind-up of cases on a monthly basis. The people's court shall adhere to the system of monthly reporting of cases of extended custody, and regularly submit written reports to the people's court at a higher level in every month; and the Supreme People's Court shall regularly issue the Monthly Report on the Cases of Extended Custody Handled by the Courts across the Country in every month to the courts across the country. Measures shall be actively adopted so as to attain the settlement and wind-up of cases of extended custody on a monthly basis.   九、坚持超期羁押案件月报制度,做到月清月结。 人民法院应当坚持超期羁押案件月报制度,每月定期向上级人民法院书面报告;最高人民法院每月定期向全国法院发布《全国法院超期羁押案件情况月报》。积极采取措施,努力做到超期羁押案件月清月结。

 
X. Strictly enforcing the system of investigating responsibilities for the extended custody. Where the extended custody of a defendant is resulted from any act in violation of the Criminal Procedure Law and the Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Strictly Enforcing the Criminal Procedure Law and Practically Preventing and Redressing the Extended Custody, the person in-charge and other persons held responsible shall be given administrative sanctions or disciplinary sanctions by the organ for which they work or the superior organ in accordance with the relevant provisions, and shall be subject to criminal liabilities if any crime is constituted.   十、严格执行超期羁押责任追究制度。 凡故意违反刑事诉讼法和《最高人民法院、最高人民检察院、公安部关于严格执行刑事诉讼法,切实纠防超期羁押通知》的规定,造成被告人超期羁押的,对于直接负责的主管人员和其他责任人员,由其所在单位或者上级主管机关依照有关规定予以行政处分或者纪律处分,构成犯罪的,依法追究刑事责任。
 
     
     
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