Provisions on the Reexamination of Criminal Appeal Cases by People's Procuratorates
Provisions on the Reexamination of Criminal Appeal Cases by People's Procuratorates
Provisions on the Reexamination of Criminal Appeal Cases by People's Procuratorates
Gao Jian Fa [2014] No.18
October 27, 2014
People's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government and military procuratorates and the People's Procuratorate of Xinjiang Production and Construction Corps,
The Provisions on the Reexamination of Criminal Appeal Cases by People's Procuratorates, adopted at the 20th Session of the 12th Procuratorial Committee of the Supreme People's Procuratorate held on April 29, 2014, are hereby issued to you for your earnest implementation. For any problems encountered in the process of implementation, please report to the Supreme People's Procuratorate in a timely manner.
Provisions on the Reexamination of Criminal Appeal Cases by People's Procuratorates
(Adopted at the 20th Session of the 12th Procuratorial Committee of the Supreme People's Procuratorate held on April 29, 2014)
Table of Contents
Chapter I General Provisions
Chapter II Jurisdiction
Chapter III Acceptance
Chapter IV Case Filing
Chapter V Reexamination
Section 1 General Provisions
Section 2 Reexamination of Appeal Cases against Criminal Treatment Decisions of People's Procuratorates on Termination of Action
Section 3 Reexamination of Appeal Cases against Legally Effective Criminal Judgments or Rulings of the People's Courts
Chapter VI Other Provisions
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 In order to strengthen the people's procuratorates' function of legal supervision, to improve internal control mechanisms, and to regulate the reexamination procedures of criminal appeal cases, the Provisions on the Reexamination of Criminal Appeal Cases by People's Procuratorates (hereinafter referred to as the "Provisions") are hereby formulated in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, the Law of the People's Republic of China on the Organization of the People's Procuratorates and relevant laws, and in combination with the work practices of reexamination of criminal appeal cases by the people's procuratorates.
Article 2 The reexamination of criminal appeal cases by people's procuratorates aims at, through reexamining criminal appeal cases, correcting wrong decisions, judgments and rulings, maintaining right decisions, judgments and rulings, protecting the legitimate rights and interests of the appellants, promoting justice and guaranteeing the unified and corrective implementation of state laws.
Article 3 The reexamination of criminal appeal cases by people's procuratorates shall be subject to the following principles:
1. separation of the power of handling original case from the power of reexamining appeal case;
2. reexamination in accordance with legal procedures;
3. case reexamination on a comprehensive, open and fair basis; and
4. correction of faults based on facts and in accordance with the law.
Article 4 The reexamination of criminal appeal cases by people's procuratorates may, according to the reality of investigation work, be carried out in the manner of public examination in such forms as public hearing, public presentation of evidences, public argumentation and public reply.
Article 5 For the purpose of the Provisions, a criminal appeal refers to any appeal brought to the people's procuratorate due to the objection against the criminal treatment decision of the people's procuratorate on termination of action, or against legally effective criminal judgment or ruling of the people's court.
Chapter II Jurisdiction
Article 6 The criminal appeal examination department of the people's procuratorate has jurisdiction over the following appeals:
1. the appeal against the non-arrest decision of people's procuratorate made by reasoning that there is no criminal fact of suspect or it is the circumstance as specified in Article 15 of the Criminal Procedure Law of the People's Republic of China;
2. the appeal against the decision of people's procuratorate on non-prosecution;
3. the appeal against the decision of people's procuratorate on case withdrawal;
4. the appeal against other criminal treatment decision of people's procuratorate on termination of action; and
5. the appeal against the legally effective criminal judgment or ruling of people's court, except as otherwise provided in the Provisions.
Article 7 Appeals against the following decisions of people's procuratorates, if not within the jurisdiction scope of the criminal appeal examination department, shall be separately handled by relevant functional departments in accordance with the Rules on Criminal Procedures of the People's Procuratorates (for Trial Implement) and other provisions:
1. the appeal against the decision of people's procuratorate on non-arrest made due to unclear fact, insufficient evidence and necessary supplementary investigation;
2. the appeal against the decision of people's procuratorate on non-arrest made by reasoning that it is impossible to sentence the criminal suspect to imprisonment or more severe punishment although there is evidence of criminal, or that it is possible to sentence an imprisonment or above but the non-arrest will unlikely cause social danger;
3. the appeal against the decision of people's procuratorate on non-arrest made by reasoning that the criminal suspect that should be arrested is seriously ill and cannot take care of himself or herself, or is a woman who is pregnant or breast-feeding her own baby, or is the only dependent of any person who cannot take care of himself or herself;
4. the appeal against the decision of the people's procuratorate on no case-filing;
5. the appeal against the decision of the people's procuratorate on conditional non-prosecution;
6. the appeal against the decision of the people's procuratorate on sealing up, detaining or freezing the case-related money and properties; and
7. the appeal against the decision of the people's procuratorate on reconsidering, rechecking or reexamining the above-mentioned decisions.
Article 8 The appeal against the people's court's final judgment or ruling of death that has not been executed shall be handled by the prison procuratorial department of the people's procuratorate.
Article 9 A grassroots people's procuratorate has jurisdiction over the following criminal appeals:
1. the appeal against its criminal treatment decision on termination of action, except as otherwise provided in the Provisions; and
2. the appeal against the legally effective criminal judgment or ruling of the people's court at the same level.
Article 10 A people's procuratorate above the province, state or city level has jurisdiction over the following criminal appeals:
1. the appeal against its criminal treatment decision on termination of action, except as otherwise provided in the Provisions;
2. the appeal against the legally effective criminal judgment or ruling of the people's court at the same level;
3. the appeal against the decision of people's procuratorate at a lower level on non-prosecution that is brought forward by the victim within seven days of receipt of the non-prosecution decision; and
4. the appeal against the original decision, judgment or ruling which has been reviewed or reexamined by the people's procuratorate at a lower level.
Article 11 A people's procuratorates at a higher level, if necessary, may transfer the criminal appeal cases under its own jurisdiction to the people's procuratorate at a lower level, and may also directly handle the criminal appeal cases under the jurisdiction of people's procuratorates at a lower level.
Chapter III Acceptance
Article 12 The people's procuratorates shall accept criminal appeals meeting the following conditions, except as otherwise provided in the Provisions:
1. the criminal appeals as provided in Article 5 hereof;
2. the provisions on jurisdiction in Chapter II hereof are conformed with;
3. the appellant is a party to the original case and the legal representative or close relative thereof; and
4. the materials for appeal are complete.
Appeals agented by lawyer of the appellant shall be accepted when the above-mentioned conditions are satisfied.
Article 13 A appellant, when appealing to the people's procuratorate, shall submit the petition, proof of identity, relevant legal instruments and evidentiary materials or clues.
The proof of identity refers to, in case of a natural person, his or her resident identity card, military officer card, soldier card, passport and other valid documents that can prove his or her identity; in case of a legal person or other organization, copy of business license, organization code certificate, and the legal representative's or the main responsible person's proof of identity and other valid documents.
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