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	SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS CONCERNING THE TIME LIMITS FOR HANDLING CRIMINAL CASES

	(Order No. 15 of the President of the People's Republic of China, July 7, 1984: Adopted at the Sixth Meeting of the Standing Committee of the Sixth National People's Congress and promulgated for implementation, and shall come into force as of the same day of promulgation)


SUBJECT : INTERPRETATION; TIME LIMIT OF HANDLING CRIMINAL CASES
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 07/07/1984
IMPLEMENT DATE : 07/07/1984
LENGTH : 822 words
TEXT :

The time limits for handling criminal cases prescribed by the Criminal Procedure Law in the spirit of shortening the time limits as much as possible and guaranteeing the citizens' right of the person is both appropriate and correct. The public security organs and judicial organs shall continue to improve their work, raise the quality of case-handling and work efficiency, conscientiously implement the time limits for case-handling prescribed by the Criminal Procedure Law and, in a practical manner, strive to shorten the time limits as much as possible. Meanwhile, the following supplementary provisions are made in order to solve certain special, concrete problems which have arisen in the process of implementation.

Article 1. In the event of major cases involving crimes committed by a group or major and complex cases involving persons going from place to place committing crimes, which cannot be concluded within the time limit for holding a defendant in custody during investigation stipulated in Paragraph 1 of Article 92 of the Criminal Procedure Law, or within the time limit for trial in a case of first instance stipulated in Article 125, or within the time limit for trial in a case of second instance stipulated in Article 142, the time limit for holding the defendant in custody during investigation may be extended by two months upon approval or decision by the people's procuratorates of provinces, autonomous regions, or municipalities directly under the Central Government, and the time limit for trial in cases of first and second instances may be extended by one month upon approval or decision by the higher people's courts of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 2. In the event of major and complex criminal cases in remote areas with extremely poor communications which cannot be concluded within the time limit stipulated in the Criminal Procedure Law for holding the defendant in custody during investigation or within the time limit for trial in a case of first or second instance, the time limit for case-handling may be appropriately extended. The extension of the time limits for case-handling and the measures for its examination and approval shall be dealt with in pursuance of Article 1 above.

When the time limit for case-handling may be extended in remote areas with extremely poor communications, such areas shall be designated by the standing committees of the people's congresses of the relevant provinces or autonomous regions.

Article 3. If in the course of investigation the defendant is found to have committed other serious crimes, supplementary investigation may be conducted upon approval of or decision by the people's procuratorate, and the time limit for holding the defendant in custody during investigation may be calculated anew.

Article 4. A defendant held in custody who is subject to investigation, prosecution or trial in a case of first or second instance which cannot be concluded within the time limit stipulated in the Criminal Procedure Law and who, if permitted to obtain a guarantor pending trial or to live at home under surveillance, will threaten no danger to society, may obtain a guarantor pending trial or live at home under surveillance. The period during which he obtains a guarantor pending trial or lives at home under surveillance shall not be counted in the time limit for case-handling stipulated in the Criminal Procedure Law, but the hearing of the case shall not be suspended.

Article 5. In the event of a case of public prosecution reviewed and brought by the people's procuratorates and heard by a people's court where the defendant is not held in custody, the handling of the case is not subject to the restriction of the time limits stipulated in Articles 97, 125 and 142 of the Criminal Procedure Law, but the hearing of the case shall not be suspended.

Article 6. In the event of a case of public prosecution over which a people's procuratorate or people's court has jurisdiction is transferred, the time limit for case-handling shall be reckoned from the date when the new case-handling organ receives the case after the change has been made.

Article 7. In the event of a case which a people's court has returned to a people's procuratorate for supplementary investigation, the latter shall complete the supplementary investigation within one month. After supplementary investigation has been completed and the case returned to the people's court, the court shall calculate anew the time limit for case hearing.

Article 8. Where a people's court of second instance returns a case for retrial to the people's court which originally handled the case, the latter people's court shall calculate anew the time limit for case-hearing from the date it receives the returned case.

Article 9. The time period during which a defendant undergoes examination for determination of mental illness shall not be counted in the time limit for case-handling.

Article 10. These Provisions shall go into effect on the day of their promulgation.

Appendix: omitted.