Supreme Judicial Interpretation Of Criminal Protest Cases

French interpretation [2011] 23

The Supreme People of People's Republic of China Court Notice

The Supreme People's Court issues a criminal protest against the people's Procuratorate in accordance with the procedure of trial supervision. case The provisions on certain issues were adopted by the 1518th judicial conference of the Supreme People's Court on April 18, 2011, and are hereby promulgated and shall come into force on January 1, 2012.

October 14th, two

In order to regulate the people's court hearing the criminal procedure put forward by the people's Procuratorate in accordance with the procedure of trial supervision. Protest In accordance with the criminal procedure law of the People's Republic of China and the relevant provisions, these Provisions are formulated in light of the actual conditions of the trial.

Article 1 after receiving a protest letter from the people's Procuratorate, the people's court shall file a case within one month. After examination, one of the following circumstances shall be decided to return to the people's Procuratorate:

(1) it is not within the jurisdiction of the court;

(two) in accordance with the address provided by the protest, the defendant can not be delivered to the original defendant who has been protested.

(three) lodging a protest on the ground of new evidence; the new protest catalogue, the list of witnesses, and the photocopies or photographs of the main evidence are not attached to the protest.

(four) lodging a protest on the ground of new evidence, but the evidence does not refer to the facts of the original prosecution.

If the people's Procuratorate decides to return a case of criminal protest, the people's Procuratorate will make a protest again after supplementing the relevant materials, and the people's court shall accept it if the examination meets the conditions of acceptance.

The second people's Procuratorate put forward a criminal protest case according to the procedure of trial supervision, and the people's court accepting the protest shall form a collegial panel to hear the case. Where a new evidence is required to instruct a lower level people's court to retry, the people's court accepting the protest shall make a decision within one month from the date of accepting the protest, and deliver the decision on the retrial decision to the people's Procuratorate that appeals.

The third new evidence referred to in this provision refers to the fact that one of the following situations refers to the facts of the original prosecution and may change the fact that the original judgment or conviction was convicted and sentencing.

(1) the newly discovered evidence after the original judgment or ruling becomes effective;

(two) evidence which has been discovered before the original judgment or ruling came into effect, but was not collected for objective reasons;

(three) the evidence that has been collected before the original judgment or ruling becomes effective but has not been verified or certified in court hearing;

(four) the expert conclusion, which is based on the effective judgment or ruling, has been changed or negated by inquest, examination record or other evidence.

Fourth cases where the original judgment or ruling is not clear or the evidence is insufficient, the people's court receiving the protest shall, after rehearing, deal with the case in accordance with the following circumstances:

(1) if the facts can be found through trial, they shall be judged according to law after finding out the facts.

(two) if the trial is still unable to find out the facts, the evidence is insufficient, and the defendant can not be identified as guilty, he shall be sentenced to be acquitted of the original defendant.

(three) after trial finds that there is new evidence and exceeds the time limit for the retrial of the order prescribed by the criminal procedure law, it may decide to cancel the original judgment and send it back to the people's Court of first instance for retrial.

The fifth case for a retrial of a case, if it was originally a case of first instance, should be ordered by the people's court accepting the protest. The people's Court of first instance shall try the case in accordance with the first instance procedure. The judgment and ruling made may be appealed or protested. If the case was originally a second instance case, the people's court accepting the protest should instruct the people's Court of second instance to carry out the trial in accordance with the second instance procedure. The judgment and ruling made by the people's court are final judgments and orders.

Article sixth before a court hearing, the people's Procuratorate withdraws the protest, and the people's court shall make a ruling.

Article seventh if a defendant who is originally charged with a protest after serving a protest is not present, the people's court shall order to suspend the hearing, and the defendant of the original trial shall resume the hearing after the case is brought to the court.

Where eighth defendants who have been protested have died or died during the hearing, the people's court shall decide to terminate the hearing, but shall make a judgment on the case that can confirm the facts and confirm the defendant's innocence.

After the Ninth People's court has made a decision, the court shall declare the judgment documents within five days, and deliver the judicial documents to the party, the legal representative, the agent ad litem, the close relatives of the people's procuratorates, the defenders and the original defendants who have filed the protest, and when the sentence is declared regularly, the judgment documents shall be served on the parties, the legal representatives, the agents ad litem, the close relatives of the people's procuratorates, the defenders and the defendants who are originally accused.

The provisions of the tenth articles previously inconsistent with the present Provisions shall prevail.