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The present Advice has been formulated in accordance with the Criminal Procedure Law of the People's Republic of China for the purposes of applying the simple procedure in compliance with the law and improving the quality and efficiency of hearing criminal cases. Article 1. The simple procedure of hearing may be applicable to a case of public prosecution that meets the following conditions: (1) The facts are clear and the proofs are sufficient; (2) The defendant and his (her) defender raises no objection to the basic facts of the charged crime; and (3) In accordance with the law, the defendant is likely to be sentenced to a fixed-term imprisonment less than 3 years, public surveillance, criminal detention or to be imposed merely a fine. Article 2. The simple procedure of hearing shall not be applicable to a case of public prosecution under any of the following circumstances: (1) A case of rather complex joint offence; (2) The defendant and its defender make a defense of innocence; (3) The defendant is blind, deaf and dumb; or (4) The other circumstances that are inappropriate to be applied to the simple procedure of hearing. Article 3. Where a People's Procuratorate suggests that a case should be applied to the simple procedure, it shall advance a Proposal on Applying Simple Procedure, which shall be handed over to the People's Court along with the complete dossier on the case, the evidential materials and the indictment when it institutes a public prosecution. Having decided to apply the simple procedure upon the defendant and the defender's consent, the People's Court shall make a Decision of Applying Simple Procedure, which shall be serviced to the People's Procuratorate, the defendant and the defender. Where the People Court holds that the simple procedure shall not be applicable to the case, it shall inform the People's Procuratorate with a written notice and hand back the complete dossier on the case and the evidential materials to the People's Procuratorate. Article 4. Where the People's Procuratorate has not suggested the application of the simple procedure to a case, but, upon examination, the People's Court holds that the simple procedure may be adopted, the People's Court shall consult the People's Procuratorate, the defendant and the defender for their opinions. After the People's Procuratorate has consented and has handed over the complete dossier on the case and the evidential materials, the simple procedure shall apply to the hearing of this case. Where the People's Court decides to apply the simple procedure, it shall make a Decision of applying Simple Procedure, which shall be served to the People's Procuratorate, the defendant and the defender before the court opens. Article 5. Where simple procedure of hearing is to be applied to a case of public prosecution, the People's Court shall, before opening its sessions, inform the People's Procuratorate, the defendant, the defender and other attendees of the time and place of the hearing. It may adopt a simple way of informing, but it shall keep a record. Article 6. Where simple procedure of hearing is to be applied to a case of public prosecution, the People's Procuratorate may not assign any person to appear in court, except that the case is filed for investigation by a public security organ under the supervision of the People's Procuratorate, or the other People's Procuratorates considers that it is necessary to do so. Article 7. Where a case of public prosecution is applied to the simple procedure, after the sole judge announces the opening of the court and summons the defendant to the court, he shall examine the basic background of the defendant, then announce in turn the subject matter of this case, the names of the independent judge, clerk, public prosecutor, the victim, the defender, the agent and the translator, and tell them all the litigation rights. The sole judge shall interrogate the defendant about his (her) ideas on the indictment, whether he or she is to confess his (her) crime voluntarily and tell him (her) relevant provisions of the law and the likely legal consequences thereof. The defendant and his (her) defender may defend from the charged crime in the indictment. The defendant is entitled to make a final statement. Where a defendant confesses his (her) crime voluntarily and he (she) raises no objection to the charged criminal facts, the court may directly decide he (she) is guilty. Article 8. Where simple procedure of hearing is to be applied to a case of public prosecution, the People's Court shall announce the judgment at court, and it shall serve the judgment to the defendant and the People's Procuratorate within 5 days. Article 9. The People's Court shall give a lesser punishment to the defendant who has confessed his (her) crime voluntary by taking account of the circumstances. Article 10. Where a People's Court finds any of the following circumstances in applying simple procedure in the hearing of public prosecution cases, it shall rehear the case by changing the simple procedure into ordinary procedure: (1) The defendant's act doesn't constitute a crime; (2) The defendant shall be sentenced to a fixed imprisonment of more than three years; (3) The defendant denied the charged criminal facts in the indictment at court; (4) facts are unclear or there is insufficient evidence; or (5) The other circumstances that are inappropriate to be applied to the simple procedure. Where the People's Procuratorate assigns nobody to appear in court, the People's Court shall inform the People's Procuratorate of the said decision in written form. Article 11. Where a case is changed to be applied to the ordinary procedure, the People's Court shall hand back the complete dossier and the evidential materials to the People's Procuratorate. The People's Procuratorate shall hand over relevant materials to the People's Court in accordance with the legal requirements of hearing a case through ordinary procedure within 5 days as of its acceptance of the materials mentioned in the preceding paragraph. |
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