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	NOTICE OF THE SUPREME PEOPLE'S COURT CONCERNING CLEARING UP CASES OF OVERDUE CUSTODY

	(Fa [2003] No.129 promulgated on July 29, 2003)


SUBJECT : CLEARING UP CASES OF OVERDUE CUSTODY
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 07/29/2003
IMPLEMENT DATE : 07/29/2003
LENGTH : 707 words
TEXT :

Since the Criminal Procedure Law of the People's Republic of China, amended in 1996, came into effect, particularly since the Committee for Internal and Judicial Affairs of the National People's Congress conducted inspections on the enforcement of Criminal Procedure Law in 2000, the People's Court of all levels throughout the country has adjudged criminal cases within the time limit for concluding trials set forth by the Criminal Procedure Law. The proportion of cases concluded on time has increased, and some overdue custody cases have been settled. However, in some places, the phenomenon of overdue custody still exists to a different degree, even "co-exist with the process of clearing up". In order to effectively resolve the problem of overdue custody in the people's court hearing criminal cases, the following is notified hereby.

I. FURTHER IMPROVING THE UNDERSTANDING OF AND ATTACHING GREAT IMPORTANCE TO THE PROBLEM OF OVERDUE CUSTODY

In the case of overdue custody, the legitimate interests and rights of the defendants are violated, which not only has laid adverse impact on the image of the people's court and the State, but fails to comply with the requirements of justice and efficiency over the people's court. The people's court of all levels shall further improve their understanding, change the idea of emphasizing substantive laws rather than procedure laws, and establish the conception that both are of the identical significance. It should be realized that the people's court, as the state's adjudication organization, must enforce the law strictly according to the law. The people's court of all levels shall pay great attention to the problem of overdue custody; know about the harmfulness of it, and the importance and urgency to settle it down, and strictly enforce the relevant regulations of the criminal procedure law, so as to defend the legitimate interests and rights of the defendants.

II. ACTIVELY ADOPTING EFFECTIVE MEASURES, AND MAKING GREAT EFFORTS TO CLEAR UP THE CASES OF OVERDUE CUSTODY

All the Higher People's Court must meticulously count the cases of overdue custody and the people involved within the jurisdiction area, analyze carefully the reasons for overdue custody, so as to take effective measures to clear up the cases. By Aug. 20th, 2003, the statistics data shall be reported to the Supreme People's Court. Any hiding of information, false information and failure to report are prohibited. All the Higher People's Court shall designate specialized organs and personnel to take responsibility for clearing up overdue custody cases. In particular, the cases of custody overdue for more than 3 years shall be cleared up by the end of 2003, and those for more than 1 year by the end of September, 2004. The People's Court shall strengthen the communication and discussion with the public security organizations and the people's procuratorate. If necessary, it shall report to the local Committee of Politics and Law for coordination and resolution. After the clearing up of the overdue custody cases is concluded, the higher people's court shall immediately submit the proceedings to the Supreme People's Court in written document.

III. STRICTLY IMPLEMENTING THE SYSTEM OF TIME LIMIT FOR CONCLUDING A TRIAL, STRENGTHENING THE INSPECTION AND SUPERVISION

In criminal adjudgement, the people's court of all levels shall strictly comply with the system of time limit for concluding trials, and strengthen the inspection and supervision over the period of custody of the defendants. In order to defend the legitimate interests and rights of the defendants, the decision of postponement of hearing, suspension of hearing, and psychiatric expertise, etc, of which the time does not count in the period of trial according to law, should be notified to the defendants, their defenders and relevant departments such as the detention house immediately.

In the near future, departments such as the Supreme People's Court and the Committee for Internal and Judicial Affairs of the National People's Congress, etc. will conduct specific inspection on the problem of overdue custody of the people's court. In strict accordance with the requirement of the notice, the higher people's court shall make immediate and adequate preparation for reporting. In the meantime, on the basis of analyzing the causes of overdue custody, the Court shall come up with effective measures or suggestions, so as to settle down the problem of overdue custody effectively.