The fifth session of the Eleventh National People's Congress decided to amend the criminal procedure law of the people's Republic of China as follows:

I Amend Article 2 to read: "The task of the criminal procedure law of the people's Republic of China is to ensure that the facts of crimes are accurately and timely ascertained, that the law is correctly applied, that criminals are punished, that innocent people are not held criminally accountable, that citizens are educated to consciously abide by the law, actively fight against criminal acts, that the socialist legal system is upheld, that human rights are respected and protected, that citizens' rights of the person, property, democracy and other rights are protected, and that socialist construction is safeguarded The smooth progress of the industry. "

2、 The first paragraph of Article 14 is revised to read: "the people's courts, people's procuratorates and public security organs shall guarantee the right to defence and other litigation rights enjoyed by suspect, defendants and other participants in the proceedings according to law."

Delete the second paragraph.

3、 Article 20 is amended as: "the intermediate people's courts shall have jurisdiction as courts of first instance over the following criminal cases:

"(1) cases of endangering national security and terrorist activities;

"(2) cases that may be sentenced to life imprisonment or death penalty."

4、 Article 31 is amended as: "the provisions of this chapter on withdrawal shall apply to clerks, translators and appraisers.

"Defenders and agents ad litem may, in accordance with the provisions of this chapter, request withdrawal or apply for reconsideration."

5、 Article 33 is amended as: "a suspect shall have the right to entrust a defender from the date of the first interrogation or the adoption of compulsory measures by the investigation organ; during the investigation, he can only entrust a lawyer as a defender. The defendant shall have the right to entrust a defender at any time.

"When interrogating a suspect for the first time or taking compulsory measures against a suspect, the investigation organ shall inform the suspect that he has the right to entrust a defender. The people's Procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant that he has the right to entrust a defender. Suspect If the defendant requests to entrust a defender during his detention, the people's court, the people's Procuratorate and the public security organ shall promptly convey his request.

"If a suspect or defendant is in custody, his guardian or near relative may also entrust a defender on his behalf.

"After accepting the entrustment of the suspect or defendant, the defender shall promptly inform the organ handling the case."

6、 Article 34 is amended as: "if a suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or she and his or her close relatives may apply to a legal aid institution. If the conditions for legal aid are met, the legal aid institution shall appoint a lawyer to defend him or her.

"If a suspect or defendant is blind, deaf or mute, or a mental patient who has not completely lost the ability to identify or control his own conduct, and has not entrusted a defender, the people's court, the people's Procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.

"If a suspect or defendant may be sentenced to life imprisonment or death and has not entrusted a defender, the people's court, the people's Procuratorate or the public security organ shall notify the legal aid institution to appoint a lawyer to defend him."

7、 Article 35 is revised to read: "the responsibility of a defender is to, on the basis of the facts and the law, provide materials and opinions on the innocence of a suspect or defendant, or on the mitigation or exemption of his criminal responsibility, and safeguard the litigation rights and other legitimate rights and interests of a suspect or defendant."

8、 One article is added as Article 36: "defense lawyers may provide legal assistance to the suspect during the investigation period; represent the suspect in making appeals and accusations; apply for changes in compulsory measures; learn from the investigation organ about the suspected crimes and the relevant information of the case, and put forward opinions."

9、 Article 36 is changed into Article 2 as articles 37 and 38, and is revised as follows:

"Article 37 Defence lawyers may meet and correspond with the suspect or defendant in custody. Other defenders may also meet and correspond with the suspect or defendant in custody with the permission of the people's court or the people's Procuratorate.

"If a defense lawyer requests to meet with a suspect or defendant in custody on the strength of a lawyer's practice certificate, a law firm certificate, a power of attorney or an official letter of legal aid, the detention house shall arrange the meeting in time, which shall not exceed 48 hours at the latest.

"When a defense lawyer meets with a suspect in custody during the investigation of a crime endangering State security, a crime of terrorist activities, or a particularly serious crime of bribery, he shall obtain permission from the investigation organ. In the above-mentioned cases, the investigation organ shall notify the detention center in advance.

"When the defense lawyer meets with the suspect and the defendant in custody, he can learn about the case and provide legal advice. From the date when the case is transferred for examination and prosecution, he can verify relevant evidence with the suspect and the defendant. The defense lawyer is not monitored when he meets with the suspect and the defendant.

"The provisions of the first, third and fourth paragraphs shall apply to the meeting and correspondence between a defense lawyer and a suspect or defendant under residential surveillance.

"Article 38 a defense lawyer may, from the date of examination and prosecution of a case by the people's Procuratorate, consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court and the people's Procuratorate."

10、 Two articles are added as articles 39 and 40:

"Article 39 If a defender considers that the evidence materials collected by the public security organ or the people's Procuratorate to prove the innocence or lightness of the suspect or defendant have not been submitted during the period of investigation, examination and prosecution, he shall have the right to apply to the people's Procuratorate or the people's court for retrieval.

"Article 40 the defender shall promptly inform the public security organ and the people's Procuratorate of the evidence collected by him concerning the fact that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and is a mental patient who is not criminally responsible according to law."

11、 Article 38 is changed into Article 42 and is revised as: "the defender or any other person shall not help the suspect or defendant hide, destroy, forge evidence or collude in confessions, and shall not threaten or induce witnesses to give false testimony or engage in other acts that interfere with the litigation activities of judicial organs.

"Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ handling the case undertaken by the defender. If the defender is a lawyer, he shall promptly notify the law firm to which he belongs or the lawyers association to which he belongs."

12、 Two articles are added as articles 46 and 47:

"Article 46 a defense lawyer shall have the right to keep confidential the relevant information and information of the client he knows in his practice. However, if a defense lawyer knows in his practice that the client or any other person is preparing to commit or is committing a crime that endangers state security, public security or seriously endangers the personal safety of others, he shall promptly inform the judicial organ.

"Article 47 If a defender or an agent ad litem considers that a public security organ, a people's Procuratorate, a people's court or any of its staff members has obstructed the exercise of his litigation rights according to law, he shall have the right to make a complaint or charge to the people's Procuratorate at the same level or at the next higher level. The people's Procuratorate shall promptly examine the complaint or charge, and if the case is true, notify the relevant organ to correct it."

13、 Article 42 is changed into Article 48 and is revised as: "all materials that can be used to prove the facts of a case are evidence.

"The evidence includes:

"(1) material evidence;

"(2) documentary evidence;

"(3) testimony of witnesses;

"(4) the victim's statement;

"(5) the statements and excuses of the suspect and the defendant;

"(6) expert opinions;

"(7) transcripts of inquest, inspection, identification and investigation experiments;

"(8) audio visual materials and electronic data.

"The evidence must be verified before it can be used as the basis for a final decision."

14、 One article is added as Article 49: "the burden of proof for the defendant's guilt in public prosecution cases shall be borne by the people's Procuratorate, and the burden of proof for the defendant's guilt in private prosecution cases shall be borne by the private prosecutor."

15、 Change article 43 into Article 50, Amend to read: "Judges, procurators and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of the suspect or defendant and the seriousness of the crime. Extorting confessions by torture and collecting evidence by threat, inducement, deception and other illegal means are strictly prohibited. No one may be forced to prove his guilt. It must be ensured that all citizens related to the case or who know the facts of the case have objective and sufficient evidence to provide Except in special circumstances, they may be recruited to assist in the investigation. "

16、 Article 45 is changed into Article 52, and one paragraph is added as the second paragraph: "the material evidence, documentary evidence, audio-visual materials, electronic data and other evidentiary materials collected by administrative organs in the process of administrative law enforcement and case investigation may be used as evidence in criminal proceedings."

The second paragraph is changed into the third paragraph, and is revised as: "evidence involving state secrets, trade secrets and personal privacy shall be kept confidential."

17、 Article 46 is changed to Article 53 and is revised to read: "in the sentencing of all cases, we should attach importance to evidence, investigation and research, and not credulous confession. If there is only the defendant's statement, and there is no other evidence, the defendant cannot be found guilty and sentenced to punishment; if there is no defendant's statement, and the evidence is reliable and sufficient, the defendant can be found guilty and sentenced to punishment.

"If the evidence is reliable and sufficient, the following conditions shall be met:

"(1) the facts of conviction and sentencing are proved by evidence;

"(2) the evidence on which the case is based is verified to be true through legal procedures;

"(3) based on the evidence of the whole case, reasonable doubts about the facts have been eliminated."

18、 Five articles are added as Articles 54, 55, 56, 57 and 58:

"Article 54 The Confessions of suspect and defendants collected by illegal means such as extorting confessions by torture and the testimony of witnesses and victims collected by illegal means such as violence and threat shall be excluded. If the collection of physical evidence or documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be supplemented or reasonably explained; if it is not possible to supplement or reasonably explain, the evidence shall be excluded.

"If any evidence that should be excluded is found during investigation, examination, prosecution or trial, it shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments.

"Article 55 a people's Procuratorate shall, upon receiving a report, charge, or report, or upon discovering that an investigator has collected evidence by illegal means, conduct investigation and verification. If there is indeed a case of collecting evidence by illegal means, it shall put forward suggestions for correction; if a crime is constituted, it shall be investigated for criminal responsibility according to law.

"Article 56 in the course of a court hearing, if a judge believes that there may be circumstances under which evidence may be collected by illegal means as stipulated in Article 54 of this law, he shall conduct a court investigation into the legality of the collection of evidence.

"The parties and their defenders and agents ad litem shall have the right to apply to the people's court to exclude the evidence collected by illegal means according to law. In applying for the exclusion of the evidence collected by illegal means, relevant clues or materials shall be provided.

"Article 57 in the course of court investigation into the legality of evidence collection, the people's Procuratorate shall prove the legality of evidence collection.

"If the available evidence materials cannot prove the legitimacy of evidence collection, the people's Procuratorate may request the people's court to notify the relevant investigators or other personnel to appear in court to explain the situation; the people's court may notify the relevant investigators or other personnel to appear in court to explain the situation. The relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, the relevant personnel shall appear in court.

"Article 58 Where, after a court hearing, it is confirmed or cannot be excluded that there are circumstances under which evidence is collected by illegal means as provided for in Article 54 of this law, the relevant evidence shall be excluded."

19、 Article 47 is changed into Article 59 and is revised to read: "the testimony of a witness can be used as the basis for deciding a case only after it has been cross examined and verified by the public prosecutor, the victim, the defendant and the defender in the court. When the court finds out that a witness intentionally gives false testimony or conceals criminal evidence, it shall deal with it according to law."

20、 Two articles are added as articles 62 and 63:

"Article 62 in cases of crimes against state security, terrorist activities, organized crimes of the nature of underworld, drug-related crimes, etc., where the personal safety of a witness, expert witness or victim or his or her close relatives is in danger due to his or her testimony in the proceedings, the people's court, the people's Procuratorate and the public security organ shall take one or more of the following protective measures:

"(1) not disclosing personal information such as real name, address and work unit;

"(2) taking measures to testify in court, such as not exposing their appearance or true voice;

"(3) prohibiting specific persons from contacting witnesses, expert witnesses, victims and their close relatives;

"(4) to take special protective measures for persons and houses;

"(5) other necessary protective measures.

"If a witness, expert witness or victim considers that his or her personal safety or that of his or her close relatives is in danger as a result of testifying in the proceedings, he or she may apply to the people's court, the people's Procuratorate or the public security organ for protection.

"When the people's courts, people's procuratorates and public security organs take protective measures according to law, the relevant units and individuals shall cooperate.

"Article 63 a witness shall be given subsidies for transportation, accommodation, meals and other expenses incurred in the performance of his obligation to testify. The subsidies for a witness to testify shall be included in the operating expenses of the judicial organ and shall be guaranteed by the government finance at the same level.

"If a witness from a work unit testifies, his work unit shall not deduct or disguise his wages, bonuses and other welfare benefits."

21、 Article 51 is changed into Article 65 and is revised as: "the people's court, the people's Procuratorate and the public security organ may obtain a guarantor pending trial for a suspect or defendant who:

"(1) those who may be sentenced to public surveillance, criminal detention or the independent application of additional punishment;

"(2) may be sentenced to fixed-term imprisonment or more, and the adoption of obtaining a guarantor pending trial will not cause social danger;

"(3) a woman who suffers from a serious disease, is unable to take care of herself, is pregnant or is breast-feeding her own baby, and is granted a guarantor pending trial so as not to cause social danger;

"(4) when the term of custody expires and the case has not been completed, it is necessary to obtain a guarantor pending trial.

"The public security organ shall execute the bail pending trial."

22、 Article 55 is changed into Article 68 and is revised as: "the guarantor shall perform the following obligations:

"(1) to supervise the guaranteed person's compliance with the provisions of Article 69 of this law;

"(2) if it is discovered that the guaranteed may have committed or has committed an act in violation of the provisions of Article 69 of this law, it shall promptly report to the executing organ.

"If the warrantee commits an act in violation of the provisions of Article 69 of this Law and the guarantor fails to perform his guaranty obligations, the guarantor shall be fined. If the case constitutes a crime, criminal responsibility shall be investigated according to law."

23、 Article 56 shall be changed into three articles as articles 69, 70 and 71, and shall be amended as follows:

"Article 69 a suspect or defendant who is granted a guarantor pending trial shall abide by the following provisions:

"(I) without enforcement