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In many regions overtime detentions have not been effectively curbed by now, and the phenomena of making new overtime detentions after or while redressing the old ones and detention without making any decision still occurred constantly, which has aroused intense complaints of the masses. People's courts, people's procuratorates and public security organs at all levels shall adhere to the important theory of "three represents", abide by the principle of doing the judicial work for the people, strictly observe the relevant provisions of the Criminal Procedure Law, improve the quality of and efficiency of criminal cases handling, maintain the impartial image of the people's courts, the people's procuratorates and public security organs, rigorously redress and prevent overtime detentions, respect and safeguard the legal rights and interests of criminal suspects and accused. For the above-mentioned purposes, the present Circular is hereby issued as follows: 1. Further straightening up the thought of law enforcement, firmly establishing the sense of laying equal stress on substantive law and procedural law and laying equal stress on cracking down crimes and safeguarding human rights. The socialist judicial system must guarantee that the equity and justice realize in the whole society. When handling criminal cases, the people's courts, the people's procuratorates and the public security organs shall respect and safeguard the human rights, and the legal rights and interests of the criminal suspects and accused while cracking down crimes and maintaining the social stability. The punishment on and the protection of the human rights of the criminal suspects and accused should be integrated. No person shall be held guilty unless and until he is sentenced to be guilty by the competent people's court. The judicial organs must, in the whole process of investigation, prosecution and trial of a case, handle the case according to law, strictly abide by the provisions of the Criminal Procedure Law on the time limit of the detention of criminal suspects and accused, overcome the erroneous concept as valuing substantive law more than procedural law or laying more stress on cracking down crimes than on safeguarding the rights and interests of the criminal suspects and accused, and prevent the infringement on the legal rights and interests of the criminal suspects and accused resulting from overtime detentions. 2. Strictly abiding by the provisions of the Criminal Procedure Law on the time limit of the detention of criminal suspects and accused. Arbitrary extension of the period of detention shall be strictly forbidden. Where any criminal suspect or accused is detained, the people's court, the people's procuratorate and the public security organ shall, in the different stages of the criminal procedure, handle formalities for change of detention in good time. In the stage of investigation, the time limit for detention after the person is put in custody or arrested shall be strictly observed; any extension of the period of detention after a person is arrested must meet the requirement specified in Articles 124, 126 or 127 of the Criminal Procedure Law and shall be subject to the approval or decision of the people's procuratorate at the higher level or the people's procuratorate of the province, autonomous region, or municipality directly under the Central Government. During the stage of investigation and arrest and the stage of investigation and prosecution, the people's procuratorate shall make a decision within the legal time limit. During the stage of trial, the people's court shall strictly observe the provisions of the Criminal Procedure Law on the time limit for trial; any extension by a month of the period of trial shall meet one of the circumstances under Article 126 of the Criminal Procedure Law and be subject to the approval or decision of the higher people's court of the province, autonomous region, or municipality directly under the Central Government. No recalculation of a period of detention is allowed unless under the provisions of the Criminal Procedure Law on the recalculation of periods of detentions of criminal suspects and accused. Overtime detentions of criminal suspects and accused in the disguised form of remand for supplementary investigations, withdrawal of an accusation or change of jurisdiction shall be strictly forbidden. 3. Accurately applying the provisions of the Criminal Procedure Law on bailing-out and living at home under surveillance. In the case of coercive measures adopted to any criminal suspect or accused, the people's court, the people's procuratorate and the public security organ shall apply the provisions on bailing-out and living at home under surveillance if the requirements for bailing-out and living at home under surveillance are satisfied. Any detained criminal suspect or accused shall be released immediately after the legal time limit for detention has expired unless the investigations, prosecution or trial has not been completed and it is thus necessary to make further investigations or hearing, and the coercive measures shall be changed to bailing-out or living at home under surveillance so that the coercive measures of bailing-out and living at home under surveillance may be brought to full play and the legal rights and interests of the criminal suspect or accused may be protected while he is investigated for criminal responsibility. 4. Handling cases according to law and correctly applying the legal provisions. Those who are found guilty shall be subject to criminal responsibilities and those who are found innocent shall be released. The people's court, the people's procuratorate and the public security organ shall, during a criminal procedure, each attend to their own duties, coordinate their actions, restrain each other, handle cases according to law, and prevent overtime detentions. Where in either stage of investigation or prosecution or trial the criminal suspect or accused is found innocent or his criminal responsibility should be remitted, the case shall be quashed according to law either by non-prosecution, or termination of trial or declaration of innocence. The public security organs and the people's procuratorates shall strictly observe the provisions of the Criminal Procedure Law concerning the requirements for custodies and arrests, and not take any custody or submit any arrest for approval or approve any arrest if such requirements are not satisfied. The people's procuratorate shall not remand any case to the public security organ if there have been twice supplementary investigations for the case or any supplementary investigations are recommended in the stage of trial and the people's court has made a decision to postpone the hearing of the case; where, with regard to any case, there is no sufficient evidence for prosecution though supplementary investigations have been made twice, a decision of no prosecution shall be made according to law. The public security organs shall strengthen the administration of detention houses and inform in good time other relevant judicial organs of any overtime detention. If, after hearing a case initiated by the people's procuratorate, it holds that there is no sufficient evidence for convicting the accused of a crime, the people's court shall make a judgment acquitting the accused of the crime for insufficient evidence. The people's court of second instance shall, if it holds after hearing a case that the facts have not been clearly ascertained or the evidence is insufficient, all by one order rescind the original judgment and remand the case to the people's court of first instance for retrial or, if, after investigations, it ascertains some part of the facts charged with sufficient evidence, make a judgment based on the facts ascertained or, if, after investigations, it holds that there are still no facts of crime ascertained or no sufficient evidence for the charge, make a judgment acquitting the accused of the crime for insufficient evidence without delay. 5. Strictly implementing the system of responsibilities for overtime detentions. Since it infringes upon the legal rights and interests of criminal suspects and accused and impairs the judicial impartiality, any overtime detention shall be severely dealt with without any indulgence. Where any overtime detention of a criminal suspect or accused occurs in violation of the Criminal Procedure Law or the present Circular after the issuance of the present Circular, the person in charge and other persons held directly responsible for such overtime detention shall be given an administrative or disciplinary sanction by the entity that he belongs to or the competent authorities at the higher level or, if the circumstances are serious, be subject to criminal responsibility for the crime of neglecting his duties or the crime of abuse of authority in accordance with Article 397 of the Criminal Law. 6. Any doubt in the application of law with regard to major, difficult or complicated cases, foreign-related cases, cases of new type or cases involving state security shall be submitted to the Standing Committee of the National People's Congress for legislative interpretation or to the Supreme People's Court or the Supreme People's Procuratorate for judicial interpretation. The results of the implementation of the present Circular shall be submitted level by level and in good time to the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security. |
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