|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II JURISDICTION CHAPTER III PRELIMINARY TREATMENT CHAPTER IV INSPECTION AND EXAMINATION CHAPTER V AUTHENTICATION CHAPTER VI INVESTIGATION AND COLLECTION OF EVIDENCES CHAPTER VII HANDLING OF A CASE CHAPTER VIII FILES CHAPTER IX INVESTIGATION OF LIABILITIES CHAPTER X SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are formulated according to the relevant laws and regulations such as the Criminal Law of the People's Republic of China and the Criminal Litigation Law of the People's Republic of China for the purpose of regulating the public security organs' handling of cases involving the crime of injury, applying the law in a correct manner and ensuring that cases are handled in a legitimate, impartial and timely manner. Article 2. The term "case involving the crime of injury" as mentioned in the present Provisions refers to a case wherein a person's body is injured and which shall be handled by the public security organ according to law. Article 3. The public security organ shall, when handling a case involving the crime of injury, follow the principles of obtaining evidences through investigation in a quick manner, adopting the relevant measures in a timely manner, carrying out the relevant authentication in a regulatory and accurate manner and giving treatments in strict accordance with law. CHAPTER II JURISDICTION Article 4. The cases involving the crime of slight injury or of less serious shall be subject to the jurisdiction of the public station. Article 5. The cases involving the crime of serious injury or injury-caused death shall be subject to the jurisdiction of the department of criminal investigation of the public security organ. Article 6. Where any injury is so ambiguous that the jurisdiction thereof is hard to be determined, the first department that handles the case shall take temporary charge of the case. After the injury has been authenticated, it shall be transferred to the administrative department for treatment according to the provisions of Articles 4 and 5 herein. Article 7. In the case of any dispute over jurisdiction, it shall be subject to the jurisdiction as designated by the public security organ at a common higher level. Article 8. For any case wherein a victim has the relevant evidences to prove a crime of willful and malicious injury (slight injury), the relevant case handlers shall notify the victim of the right to directly file an action with the people's court. Where a victim requests the public security organ to handle it, the public security organ shall accept it. Article 9. Where the people's court transfers to the public security organ for investigation any case involving the crime of willful and malicious injury (slight injury) that it has directly accepted for lack of relevant evidences, the public security organ shall accept it. CHAPTER III PRELIMINARY TREATMENT Article 10. The department that receives a report of a case involving the crime of injury shall, in view of the specific situation of the case, organize the relevant police force to hurry to the crime scene immediately. Article 11. For any ongoing case involving the crime of injury, the police that first hurry to the crime scene shall: (1) Stop the act of injury; (2) Organize the medical treatment for the injured; (3) Adopt the relevant measures to control the criminal suspect; (4) Register in a timely manner the name, entity, address and contract information of the persons present on the crime scene, interrogate the parties concerned and interview the eyewitnesses on the crime scene; (5) Protect the crime scene; and (6) Collect and fix evidences. Article 12. For any case involving the crime of injury that has occurred, the police that first arrive at the crime scene shall: (1) Organize the medical treatment for the injured; (2) Find out how a crime has occurred as well as the degree of injury; (3) Register in a timely manner the name, entity, address and contract information of the persons present on the crime scene, interrogate the parties concerned and interview the eyewitnesses on the crime scene; (4) Trace the suspects; (5) Protect the crime scene; and (6) Collect and fix the evidences. CHAPTER IV INSPECTION AND EXAMINATION Article 13. Where the public security organ handles a case involving the crime of injury and if the relevant crime scene is ready for inspection and examination, it shall carry out an inspection and examination in a timely manner. Article 14. The tasks of inspection and examination on the crime scene where a crime of injury has occurred are to find out, fix and collect the traces, physical evidences and other information relating to the act of injury so as to determine the degree of injury, analyze how an injury has occurred and find out the relevant clues and evidences for investigating into and handling the case involving the crime of injury. The organ in charge of a case shall properly preserve the relevant traces, physical evidences and the instrument that caused the injury. Article 15. There shall be 2 persons or more when the public security organ carries out an inspection and examination on the crime scene where a crime of injury has occurred. One or two citizens irrelevant to the case shall be invited as witness(es) to the crime scene where an inspection or examination is carried out. Article 16. As for any an inspection and examination as carried out on the crime scene where a crime of injury has occurred, transcripts of the on-the-spot inspection and examination shall be produced, a sketch of the crime scene shall be drawn, and the situation of the crime scene as well as the degree of the victim's injury shall be photographed. The aforesaid materials shall be bound into a file. CHAPTER V AUTHENTICATION Article 17. The public security organ shall, when handling a case involving the crime of injury, carry out an inspection and authentication on the degree of personal injury as well as the traces, physical evidences and instrument that caused the injury so that they could be used as evidences. Article 18. The public security organ shall, when accepting a case involving the crime of injury, produce an Authorized Authentication on Injury within 24 hours and notify the relevant victim to accept an authentication on injury in a designated authentication institution. Article 19. Where the conditions for carrying out an immediate authentication on injuries are mature according to the relevant standards for authentication on personal injuries as promulgated by the relevant departments of the State Council, and in view of the actual degree of injury of the victim suffers from as well as on the strength of the diagnosis certification as produced by the relevant hospital, the authentication institution of the public security organ shall, within 24 hours as of entrustment, put forward its opinions of authentication, and produce the authentication documents within 3 days. In the case of any complicated injury and if the conditions for an immediate authentication is not possible, the said authentication institution shall, within 7 days as of entrustment, put forward its opinions of authentication. In the case of any injury that affects the function of tissues or organs or any complicated injury and if an authentication cannot be conducted for the time being, the authentication institution may, when the status of injury becomes stable, put forward its opinions of authentication, and produce authentication documents in a timely manner. Article 20. For any authentication on personal injury, the implementation thereof shall be put under the charge of 2 or more authenticators from the authentication institution of the public security organ at or above the county level. In the case of any difficulty in authentication on injury, or in the case of any possible dispute over the authentication opinions or in case the person that has authorized the authentication has any definite requirements on the authentication, the implementation of the authentication on injury shall be put under the charge of 3 or more professor-level forensic doctors or legal medical officers at or above Grade IV. Where it is necessary to employ any other expert with special knowledge to participate in an authentication, it shall be subject to the approval of the principal of the public security organ at or above the county level and an Appointment on Authentication shall be produced, which shall be served on the person to be employed. Article 21. In the case of any dispute over the opinions of authentication on personal injury and if a re-authentication is therefore required, it shall be carried out according to the relevant provisions of the Criminal Litigation Law of the People's Republic of China. Article 22. The format for and contents of authentication documents of personal injury shall meet the relevant requirements. A bareheaded and full-faced photo of the victim as well as the relevant pictures that detail the injured parts shall be enclosed in the authentication documents. As for any authentication opinions that can be used as evidences, the public security organ that handles the relevant case shall produce a Notice on Authentication Opinions, which shall be served on the victim and criminal suspects. CHAPTER VI INVESTIGATION AND COLLECTION OF EVIDENCES Article 23. When a victim is interrogated, the focus shall be put on the time, place, cause, process, the instruments that caused the injury, the ways, injured parts, degree of injury, and criminal suspects relating to the act of injury. Article 24. Where an actor of injury interrogated, the focus shall be put on such specific circumstances as the time, place, cause and process, the instrument that caused the injury, the ways, and the injured parts relating to the act of injury. In case several actors are involved in an injury, the relevant information shall be collected regarding the participants, the offensive weapon as applied therein, the position of injury, the sequential order of committing the injury, the instruments that caused the injury, the ways, injured parts as well as the relevant premeditation. Article 25. Where any eyewitness is interrogated, the focus shall be put on the time, place, process, number of people of both parties concerned as well as their respective positions, the offensive weapon as employed therein, the sequential order of committing the injury, the instruments that caused the injury, the manner, injured parts, dressing, appearance and physical characteristics, position of the eyewitness as well as the relationship between the eyewitness and both parties concerned. Article 26. Where any other witness is interrogated, what he has heard or seen relating to an injury shall be clarified. Article 27. In the handling of a case involving the crime of injury, the focus shall be put on the collection of the following physical and documentary evidences: (1) Offensive weapons, blood-shed clothing and other articles that could prove the injury; (2) The diagnosis of the relevant hospital as well as medical records; and (3) Any other evidence relating to the case. The organ in charge of a case shall designate specific functionaries to take charge of evidence preservation, improve the system of evidence preservation, establish a room for evidence preservation so as to preserve the relevant evidences in a proper manner and avoid any possible damage, contamination, loss or demagnetization of the evidences as incurred from improper preservation which has negative impacts on criminal litigation and case handling. CHAPTER VII HANDLING OF A CASE Article 28. Where a victim suffers from any slight injury, serious injury or demise, and thus the relevant criminal suspect shall be subject to criminal liabilities, it shall be handled according to the relevant provisions of the Criminal Litigation Law of the People's Republic of China. Article 29. According to Article 13 of the Criminal Law of the People's Republic of China as well as Item (1) of Article 15 of the Criminal Litigation Law of the People's Republic of China, where any slight injury is willfully and maliciously incurred but of obviously light circumstances and little danger, it shall not be deemed as a crime; where a victim suffers from an injury which does not come up to a slight injury, the violator shall be subject to the penalty of public security administration. Article 30. As for any act of beating others or purposely injuring other's body due to any dispute among the people, where the circumstances is so minor that no criminal punishment is required, the public security organ may, under any of the following circumstances and upon the consent of both parties concerned, handle it by mediation according to law: (1) In the case of any dispute among relatives, neighbors or colleagues and if both parties have faults; (2) Where any minor or student at school beats any other person or purposely injuries any other person's body; (3) Where the act of injury is incurred from any prior fault of the victim; or (4) In any case where the means of mediation can better solve the conflict. Article 31. No meditation may be adopted under any of the following circumstances: (1) Where another person is employed to commit an injury; (2) Where any underworld is involved; (3) In the case of picking quarrels and provoking troubles; (4) In the case of gathering a mob to instigate brawls; (5) In the case of recidivist offense; (6) In the case of injuring any other person's body for two or more times; or (7) In any other case for which the application of medication is improper. Article 32. The public security organ shall publicly mediate a case involving the crime of injury with the exception of the following circumstances: (1) Where any personal privacy is involved; (2) Where any of the actors of injury is a minor; (3) Where both the actor and the victim require a non-public mediation. Article 33. The public security organ shall, when handling a case by mediation, uphold the principles of legality, impartiality, free will, and timeliness, and pay attention to education and guidance so as to solve the relevant conflict. Article 34. Where any minor is a party involved in a case involving the crime of injury, his parent or any other guardian shall be present at the mediation. Article 35. As to the mediation of any case involving the crime of injury arising from any dispute among neighbors, a member of the local residents' committees or villagers' committee or a person whom both parties concerned are familiar with may be invited therein. Article 36. The mediation shall be carried out once as is the general principle, and where it so requires, a second one may be added. For any case on public security wherein no slight injury is constituted and which therefore requires no authentication on injury, the corresponding mediation shall be concluded within 3 workdays as of accepting the case. For any case on public security that requires an authentication on injury, the corresponding mediation shall be concluded within 3 workdays as of the day when an authentication document of injury is produced. Where a second mediation is required due to the failure of the first one, the second one shall be concluded within 7 workdays as of the day when the first mediation is concluded. Article 37. The following formalities shall be gone through in a mediation: (1) Soliciting for the consent of both parties concerned; and (2) Producing a Letter of Mediation under the presiding of the public security organ; Article 38. Where a case is handled through mediation, transcripts of mediation shall be produced. Upon the conclusion of an agreement on mediation, a Letter of Mediation shall be produced, which shall bear the relevant signatures and seals of the mediation organ, mediators, both parties concerned as well as other participants. The Letter of Mediation shall be produced in triplicate, of which, 2 copies shall be held by both parties concerned respectively and the remaining one shall be preserved by the mediation organ for reference. Article 39. Where an agreement is reached upon mediation and is performed as well, no punishment may be given. Where the relevant parties fail to reach an agreement upon mediation or fail to perform an agreement as concluded upon mediation, the public security organ shall give a punishment to the violator of the public security administration according to law and may inform the parties concerned that they may file a civil action with the people's court regarding their civil dispute according to law. CHAPTER VIII FILES Article 40. The public security organ shall, when handling a case involving the crime of injury, formulate complete files in strict accordance with the requirements for handling a criminal case or a case on public security. The materials as enclosed in a file shall include such evidential materials as documents on case acceptance and case filing, transcripts of inquiries and interrogation, photos of the crime scene, injuries, conclusions of inspection and authentication, as well as the formalities for examination and approval and opinions on treatment, etc.. Article 41. A file shall be complete and standardized with neat and clear handwriting. Article 42. Where a criminal suspect is subject to criminal liabilities, the file of investigation (in original) shall be transferred to the prosecutorial organ and the file of the investigation work (photocopy) shall be preserved by the public security organ. A file of investigation (in original) shall include a decision on filing a case, photo of the crime scene, sketch of the crime scene, transcripts of investigation into the crime scene, decision on adopting coercive measures and investigation measures, notices, notification as well as such legal documents as all evidential materials and the opinion recommending prosecution. A file of the investigation work (photocopy) shall include such documentary materials as reports, forms of examination and approval, plans of investigation and research, analysis opinions on the case and drafts of the opinion recommending prosecution. Article 43. Where a case involving the crime of injury is not concluded, the relevant file shall be preserved in the organ in charge of the case. Article 44. For a case involving the crime of injury subject to the punishment of public security administration or that is handled through mediation, the relevant files shall be delivered to the department of archival filing for preservation after the case is closed. CHAPTER IX INVESTIGATION OF LIABILITIES Article 45. Where any case handler or relevant principal violates the present Provisions by making it difficult to conclude a case and thus injuring the legitimate rights and interests of the parties concerned, he shall be subject to the corresponding liabilities for the wrong-doings in law enforcement according to the Provisions on the Prosecution of Liabilities for Wrong-doings in Law Enforcement of the People's Policemen of Public Security Organs. CHAPTER X SUPPLEMENTARY PROVISIONS Article 46. The term "above or below" herein includes the mentioned figure itself. Article 47. The present Provisions shall come into force as of February 1, 2006. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|