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TABLE OF CONTENTS CHAPTER I PURPOSES AND LEGAL BASIS CHAPTER II SCOPE OF APPLICATION CHAPTER III PUBLIC EXAMINATION PROCEDURES AND CONTENTS CHAPTER IV OTHER PROVISIONS CHAPTER I PURPOSES AND LEGAL BASIS Article 1. For the purposes of ensuring the impartiality of the non-prosecution decisions, protecting the legitimate rights and interests of the parties concerned and regulating the procedures for the public examination of non-prosecution cases, these Rules are formulated in accordance with the Criminal Procedural Law of the People's Republic of China and the Criminal Litigation Rules for the People's Procuratorates, taking into consideration the actual circumstances of the procuratorates. Article 2. The term "non-prosecution case" mentioned in these Rules refers to a case for which a non-prosecution decision is made during the process of examination of prosecution. Article 3. The public examination of a non-prosecution case are carried out for the purpose of fully consulting the opinions of the investigation organ (department), the criminal suspect, victim, agent of the victim, and agent of the criminal suspect on the handling of the case so as to provide the people's procuratorate with a consideration for whether or not to make a decision of non-prosecution. CHAPTER II SCOPE OF APPLICATION Article 4. A non-prosecution case under public examination shall be a case in which there is any relatively sharp dispute or which has relatively large impact on the local society, and for which the people's procuratorate makes a non-prosecution decision upon examination. Article 5. No public examination will be conducted over any of the following cases: (1)A simple case without any dispute; (2)A case involving any state secret or personal privacy is involved; (3)A case involving any crime committed by a juvenile who is not less than 14 years old but not more than 16 years old. A case involving any crime committed by a juvenile who is not less than 16 years but not more than 18 years shall, as a general rule, not be subject to public examination; or (4)Other cases not necessary to be subject to public examination. CHAPTER III PUBLIC EXAMINATION PROCEDURES AND CONTENTS Article 6. Upon the request of the investigation organ (department) or upon the application of the criminal suspect or his legal agent or defender, the victim or his legal agent or defender or litigation agent, a public examination may, upon decision of the chief prosecutor, be conducted over a case for which the people's procuratore makes a decision of non-prosecution. Article 7. During the process of public examination over a non-prosecution case, the people's procuratorate shall consult the pinions of the investigation organ (department), the criminal suspect and his legal agent and defender, the victim and his legal agent or litigation agent. It may consult their opinions one by one or simultaneously. Article 8. The public examination shall proceed in the people's procurate or at a place designated by the people's procuratorate. Article 9. The public examination shall be presided over by the person responsible for handling the case and shall be equipped with a clerk to make transcripts. Article 10. During the process of the public examination over a non-prosecution case, any citizen may be allowed to attend it. And deputies of the people's congress, members of the political consultative conference and special inspectors to attend. Where necessary or at the request of any party concerned, the experts and other persons relating to the case may be invited to attend it. Upon permit of the people's procuratorate, reporters may notify the relevant entities to send representatives to attend it. For cases involving loss of state property or colle3ctive property, the relevant units' representative shall be informed and invited to participate. Article 11. The people's procuratorate shall, 3 days prior to the public examination, announce to the general public the main points of the case, time and place of public examination, and shall make a notification to the persons who will attend the public examination. Article 12. When the people's procuratorate conducts a public examination, it shall publicize the name of the person who is responsible for handling the case and the name of the clerk, shall read out the main points of the case as well as the contents and purposes of the public examination, shall notify the parties concerned of the relevant rights and obligations, and shall ask if any person would apply for disqualifying himself from the case. Article 13. The people's procuratorate shall mainly hear the opinions of the investigation organ (department), the criminal suspect and his agent or litigation agent about the non-prosecution decision for the case. Article 14. The person responsible for handling the case shall, in accordance with the legal provisions, state the reasons for non-prosecution, but he does not have to present any evidence. The investigator who attends the public examination, the criminal suspect or his legal agent or defender, the victim or his legal agent or litigation agent may express his or her opinions about the facts and evidence of the case, application of law, and whether or not to prosecute, but they shall not directly make a defense. Article 15. The clerk shall make transcripts for the public examination. The transcripts shall be read out before or be delivered to the investigator who attends the public examination, the criminal suspect and his legal agent and defender, as well as the victim and his legal agent and litigation agent. If anyone considers that transcripts have any error or omission, he may request for supplement or correction. After the transcripts are confirmed to be inerrant, they shall be signed or bear the signatures of the foregoing persons. Article 16. After the end of the public examination, a report about the public examination over the non-prosecution case shall be made, which shall focus on the consensus or main disputes among all parties during the course of public examination, and shall raise a proposal of prosecution or non-prosecution. This report shall be, together with the public examination transcripts, submitted to the chief prosecutor or to the prosecutorial commission as a consideration for making a non-prosecution decision for the case. CHAPTER IV OTHER PROVISIONS Article 17. The public examination of a non-prosecution case made by the people's procuratorate shall be finished within the time limit for the examination of prosecution. Article 18. Other matters relevant to the examination of a non-prosecution case shall be handled in accordance with the Criminal Procedural Law of the People's Republic of China and Criminal Litigation Rules for People's Procuratorates. |
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