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Decision of the Standing Committee of the National People's Congress to Amend the Criminal Procedure Law of the People's Republic of China (2018) [Effective]
全国人民代表大会常务委员会关于修改《中华人民共和国刑事诉讼法》的决定(2018) [现行有效]
【法宝引证码】

Order of the President of the People's Republic of China 

中华人民共和国主席令

(No. 10) (第十号)

The Decision of the Standing Committee of the National People's Congress to Amend the Criminal Procedure Law of the People's Republic of China, as adopted at the 6th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 26, 2018, is hereby issued and shall come into force on the date of issuance. 《全国人民代表大会常务委员会关于修改<中华人民共和国刑事诉讼法>的决定》已由中华人民共和国第十三届全国人民代表大会常务委员会第六次会议于2018年10月26日通过,现予公布,自公布之日起施行。
President of the People's Republic of China: Xi Jinping 中华人民共和国主席 习近平
October 26, 2018 2018年10月26日
Decision of the Standing Committee of the National People's Congress to Amend the Criminal Procedure Law of the People's Republic of China 全国人民代表大会常务委员会关于修改《中华人民共和国刑事诉讼法》的决定
(Adopted at the 6th Session of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018) (2018年10月26日第十三届全国人民代表大会常务委员会第六次会议通过)
As decided at the 6th Session of the Standing Committee of the Thirteenth National People's Congress, the Criminal Procedure Law of the People's Republic of China is amended as follows: 第十三届全国人民代表大会常务委员会第六次会议决定对《中华人民共和国刑事诉讼法》作如下修改:
1. One article is added as Article 15: “Where a criminal suspect or defendant voluntarily and truthfully confesses to his or her crime, admits to the facts of the crime that he or she is charged with, and is willing to accept punishment, the criminal suspect or defendant may be granted leniency in accordance with the law.”   一、增加一条,作为第十五条:“犯罪嫌疑人、被告人自愿如实供述自己的罪行,承认指控的犯罪事实,愿意接受处罚的,可以依法从宽处理。”
2. Article 18 is renumbered as Article 19, paragraph 2 of which is amended to read: “Where, in performing its statutory duty of supervision of legal proceedings, a people's procuratorate discovers that any justice functionary commits a crime of false imprisonment, extortion of a confession by torture, or illegal search or any other crime that infringes upon a citizen's rights or damages the fair administration of justice by taking advantage of his or her functions, the people's procuratorate may open an official investigation into the crime. Where a case regarding a serious crime committed by any staff member of a government authority by taking advantage of his or her functions under the jurisdiction of a public security authority needs to be directly accepted by a people's procuratorate, the people's procuratorate may open an official investigation into the case upon decision of the people's procuratorate at or above the provincial level.”   二、将第十八条改为第十九条,第二款修改为:“人民检察院在对诉讼活动实行法律监督中发现的司法工作人员利用职权实施的非法拘禁、刑讯逼供、非法搜查等侵犯公民权利、损害司法公正的犯罪,可以由人民检察院立案侦查。对于公安机关管辖的国家机关工作人员利用职权实施的重大犯罪案件,需要由人民检察院直接受理的时候,经省级以上人民检察院决定,可以由人民检察院立案侦查。”
3. Article 32 is renumbered as Article 33, and one paragraph is added as paragraph 3: “A person who is expelled from a public office or whose practicing license as a lawyer or notary is revoked shall not serve as a defender, except that the person is the guardian or a close relative of a criminal suspect or defendant.”   三、将第三十二条改为第三十三条,增加一款,作为第三款:“被开除公职和被吊销律师、公证员执业证书的人,不得担任辩护人,但系犯罪嫌疑人、被告人的监护人、近亲属的除外。”
4. One article is added as Article 36: “Legal aid agencies may station duty lawyers at the people's courts, jails, and other places. If a criminal suspect or defendant does not appoint a defender, nor does a legal aid agency designate a lawyer to defend him or her, a duty lawyer shall provide the criminal suspect or defendant with legal assistance including but not limited to legal advice, recommendations on the selection of procedures, application for the modification of compulsory measures, and offering opinions on the handling of the case.   四、增加一条,作为第三十六条:“法律援助机构可以在人民法院、看守所等场所派驻值班律师。犯罪嫌疑人、被告人没有委托辩护人,法律援助机构没有指派律师为其提供辩护的,由值班律师为犯罪嫌疑人、被告人提供法律咨询、程序选择建议、申请变更强制措施、对案件处理提出意见等法律帮助。
“A people's court, people's procuratorate, or jail shall inform a criminal suspect or defendant of his or her right to a scheduled meeting with a duty lawyer, and facilitate the scheduled meeting between the criminal suspect or defendant and a duty lawyer.” “人民法院、人民检察院、看守所应当告知犯罪嫌疑人、被告人有权约见值班律师,并为犯罪嫌疑人、被告人约见值班律师提供便利。”
5. Article 37 is renumbered as Article 39, paragraph 3 of which is amended to read: “Where a defense lawyer files a request for a meeting with a criminal suspect in custody during the period of criminal investigation in a case regarding a crime of compromising national security or terrorist activities, the meeting shall be subject to the permission of the criminal investigation authority. In such a case, the criminal investigation authority shall issue a prior notice to the jail.”   五、将第三十七条改为第三十九条,第三款修改为:“危害国家安全犯罪、恐怖活动犯罪案件,在侦查期间辩护律师会见在押的犯罪嫌疑人,应当经侦查机关许可。上述案件,侦查机关应当事先通知看守所。”
6. Article 73 is renumbered as Article 75, paragraph 1 of which is amended to read: “Residential confinement shall be executed at the residence of a criminal suspect or defendant; or may be executed at a designated residence if the criminal suspect or defendant has no fixed residence. Where the execution of residential confinement at the residence of a criminal suspect or defendant suspected of compromising national security or terrorist activities may obstruct criminal investigation, it may be executed at a designated residence with the approval of the public security authority at the next higher level. However, residential confinement may not be executed at a place of custody or a place specially used for handling cases.”   六、将第七十三条改为第七十五条,第一款修改为:“监视居住应当在犯罪嫌疑人、被告人的住处执行;无固定住处的,可以在指定的居所执行。对于涉嫌危害国家安全犯罪、恐怖活动犯罪,在住处执行可能有碍侦查的,经上一级公安机关批准,也可以在指定的居所执行。但是,不得在羁押场所、专门的办案场所执行。”
7. Article 79 is renumbered as Article 81, and one paragraph is added as paragraph 2: “In the process of approving or deciding an arrest, the nature and circumstances of the suspected crime, the admission of guilt, and the acceptance of punishment, among others, of a criminal suspect or defendant shall be considered as factors of a possible danger to the society.”   七、将第七十九条改为第八十一条,增加一款,作为第二款:“批准或者决定逮捕,应当将犯罪嫌疑人、被告人涉嫌犯罪的性质、情节,认罪认罚等情况,作为是否可能发生社会危险性的考虑因素。”
8. Article 106 is renumbered as Article 108, subparagraph (1) of which is amended to read: “(1) ‘Criminal investigation' means the work of collecting evidence and ascertaining the facts of a case conducted, and the related compulsory measures taken, by public security authorities and people's procuratorates in accordance with the law in handling criminal cases.   八、将第一百零六条改为第一百零八条,第一项修改为:“(一)‘侦查'是指公安机关、人民检察院对于刑事案件,依照法律进行的收集证据、查明案情的工作和有关的强制性措施”。
9. Article 118 is renumbered as Article 120, paragraph 2 of which is amended to read: “The investigators shall, when interrogating a criminal suspect, inform the criminal suspect of his or her procedural rights and the provisions of law on leniency if he or she truthfully confesses to his or her crime as well as acknowledgment of guilt and acceptance of punishment.”   九、将第一百一十八条改为第一百二十条,第二款修改为:“侦查人员在讯问犯罪嫌疑人的时候,应当告知犯罪嫌疑人享有的诉讼权利,如实供述自己罪行可以从宽处理和认罪认罚的法律规定。”
10. Article 148 is renumbered as Article 150, paragraph 2 of which is amended to read: “After opening a case regarding a serious crime of gravely infringing upon the personal rights of citizens by taking advantage of one's functions, a people's procuratorate may, as needed for criminal investigation, take technical investigation measures after undergoing strict approval formalities, and request the relevant authorities to execute such measures according to applicable provisions.”   十、将第一百四十八条改为第一百五十条,第二款修改为:“人民检察院在立案后,对于利用职权实施的严重侵犯公民人身权利的重大犯罪案件,根据侦查犯罪的需要,经过严格的批准手续,可以采取技术侦查措施,按照规定交有关机关执行。”
11. Article 160 is renumbered as Article 162, and one paragraph is added as paragraph 2: “If a criminal suspect voluntarily admits guilt, it shall be recorded, the record shall be transferred along with the case, and the relevant information shall be included in the written prosecution opinion.”   十一、将第一百六十条改为第一百六十二条,增加一款,作为第二款:“犯罪嫌疑人自愿认罪的,应当记录在案,随案移送,并在起诉意见书中写明有关情况。”
12. One article is added as Article 170: “A people's procuratorate shall, in accordance with the relevant provisions of this Law and the Supervision Law, examine a case transferred by the oversight authority for prosecution. If, upon examination, the people's procuratorate deems further substantiation necessary, it shall return the case to the oversight authority for further investigation, but when necessary, may conduct further investigation itself.   十二、增加一条,作为第一百七十条:“人民检察院对于监察机关移送起诉的案件,依照本法和监察法的有关规定进行审查。人民检察院经审查,认为需要补充核实的,应当退回监察机关补充调查,必要时可以自行补充侦查。
“Where the oversight authority has held a criminal suspect in custody in a case transferred to a people's procuratorate for prosecution, the people's procuratorate shall first detain the criminal suspect, and the holding measure taken by the oversight authority shall be automatically removed. The people's procuratorate shall, within ten days after detention, make a decision on whether to arrest or grant bail to the detainee or place the detainee under residential confinement. Under special circumstances, the time limit for making the decision may be extended by one to four days. The period for the people's procuratorate to decide on a compulsory measure shall not be included in the period of examination and initiation of prosecution.” “对于监察机关移送起诉的已采取留置措施的案件,人民检察院应当对犯罪嫌疑人先行拘留,留置措施自动解除。人民检察院应当在拘留后的十日以内作出是否逮捕、取保候审或者监视居住的决定。在特殊情况下,决定的时间可以延长一日至四日。人民检察院决定采取强制措施的期间不计入审查起诉期限。”
13. Article 169 is renumbered as Article 172, paragraph 1 of which is amended to read: “A people's procuratorate shall, within one month, make a decision on a case transferred by an oversight authority or public security authority for prosecution, and in a significant or complicated case, the period may be extended by 15 days; or if the criminal suspect admits guilt and accepts punishment, and the conditions for the application of the fast-track sentencing procedure are met, the decision shall be made within 10 days, and the period may be extended to 15 days if the criminal suspect may be sentenced to fixed-term imprisonment of more than one year.”
......
   十三、将第一百六十九条改为第一百七十二条,第一款修改为:“人民检察院对于监察机关、公安机关移送起诉的案件,应当在一个月以内作出决定,重大、复杂的案件,可以延长十五日;犯罪嫌疑人认罪认罚,符合速裁程序适用条件的,应当在十日以内作出决定,对可能判处的有期徒刑超过一年的,可以延长至十五日。”
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