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Posted: Wed 16:22, 06 Apr 2011 Post subject: scarpe mbt Supreme People's Court Supreme People's |
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Supreme People's Court Supreme People's Procuratorate Ministry of Public Security on Strictly Implementing the Code of Criminal Procedure on the suspect, the defendant determined to correct the provisions of the period of detention extended detention notice
(high CIRC (1998) 1)
provinces, autonomous regions, municipalities directly under the People's Procuratorate, Higher People's Court, the Public Security Bureau (Bureau), Military Prosecutor's Office, the Military Court, General Political Security Department:
revised criminal suspects, defendants extended detention are still rather pronounced. To safeguard the seriousness of national law to ensure the smooth progress of criminal activity, protect the suspect, the defendant's legitimate rights and interests of the judiciary at all levels must take effective measures to criminal suspects, defendants extended detention firmly to correct the problem . Hereby notified as follows:
First, the suspect, the defendant has taken the criminal detention, arrest,[link widoczny dla zalogowanych], the case of compulsory measures, should focus on investigating and handling,[link widoczny dla zalogowanych], within the statutory period Banjie. Within the statutory time limit for the really difficult cases be concluded, should be based on the specific circumstances of the case according to law enforcement measures or changes in the release of criminal suspects and defendants.
Second, strictly enforce the Do not meet such requirements, are not free to extend the detention period be recalculated; prosecution case file for investigation, detection and prosecution of detention shall not borrow each other; approved or authorized by the Higher People's Supreme Court approved the death penalty, lower-level people Court, after receiving the command execution, it should be on schedule. For criminal suspects and defendants in custody cases, the need to consult higher authorities, and referrals, response time should be included in the handling period.
Third,[link widoczny dla zalogowanych], complex, difficult and important cases, detention period expires, should the situation were different, to take decisive measures to be dealt with according to law: (1) For people who commit crimes, many times the suspect committed the crime, the defendant's principal offense or a crime facts are clear, there is ample evidence, and other crimes are hard to identify, and should have to identify the main crime or a crime prosecuted, prosecution or trial; (2) criminal cases for the common principal or an accomplice at large, the suspect in custody, the defendant's criminal facts are clear, there is ample evidence, it shall detention of criminal suspects, defendants prosecuted, prosecution or trial; it difficult to ascertain the facts of the crime, should be suspect in custody, the defendant changed according to the law enforcement measures; (3) For the case of a dispute between the judiciary through the coordination of views is still not the same after the case-handling units should be in accordance with their respective terms of reference shall be dealt with within the statutory time limit.
Fourth, the judiciary must be strictly enforced at all levels of criminal suspects and defendants in custody for remand system. Public security organs prosecuted, the prosecution and the prosecution to the court of First Instance Courts, cases of second instance when the delivery time transfer shall be in accordance with the relevant regulations of criminal suspects, defendants charge for changing procedures.
five, the higher judiciary that subordinates the judiciary extended detention of criminal suspects, defendants, should be corrected according to the law, the lower judiciary should be to correct the results report to the higher judiciary. The authorities are responsible for the business sector contractors who found the case of extended detention of criminal suspects, defendants, it shall immediately find solutions, and promptly corrected.
six, the detention center found that the suspect, the defendant in custody beyond the statutory period, it shall report the case of extended custody in the People's Procuratorate. People's Procuratorate at all levels should earnestly fulfill their legal supervisory duties, authorities handling the case found that extended detention of criminal suspects, defendants, it shall be presented to the authorities handling the case for correction. Received a People's Procuratorate organs to correct handling of extended detention notice, shall promptly conduct a study, the specific circumstances of the case to take appropriate corrective measures to rectify the situation and reply comments made to correct the People's Procuratorate.
seven agencies in handling cases of extended detention of criminal suspects, defendants,[link widoczny dla zalogowanych], by the higher authorities or the People's Procuratorate to correct views, not corrected within one month, or during the extended detention of detainees caused disability or death or other serious consequences shall be investigated and the authority responsible for handling the responsibility of the persons directly responsible.
local People's Procuratorate, People's Court,[link widoczny dla zalogowanych], Public Security Bureau (Bureau) is necessary to organize, to the authorities in cases of extended detention to conduct a comprehensive clean-up, on a case-study, based on the spirit of this notice, in a timely manner according to applicable laws.
provinces, autonomous regions, municipalities directly under the People's Procuratorate, Higher People's Court, the Public Security Bureau (Bureau) to the end of this year, will clean up and rectify the system of extended detention of criminal suspects, defendants were written report on the case of the Supreme People's Procuratorate, Supreme People's Court, Ministry of Public Security.
1998 年 10 月 19 日
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