Interpretations of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China
Interpretations of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China
Interpretations of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China
Fa Shi [2012] No. 21
December 20, 2012
The Interpretations of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, which were adopted at the 1559th meeting of the Judicial Committee of the Supreme People's Court on November 5, 2012, are hereby promulgated and shall come into effect on January 1, 2013.
Interpretations of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China
(Adopted at the 1559th meeting of the judicial committee of the Supreme People's Court on November 5, 2012)
Contents
Chapter I Jurisdiction
Chapter II Withdrawal
Chapter III Defence and Representation
Chapter IV Evidence
Section 1 General Provisions
Section 2 Examination and Confirmation of Physical Evidence and Documentary Evidence
Section 3 Examination and Confirmation of Testimony of Witness and Statement of Victim
Section 4 Examination and Confirmation of Statements and Exculpations of the Defendant
Section 5 Examination and Confirmation of Forensic Appraisal Opinions
Section 6 Examination and Confirmation of Records of Inquests, Examination, Identification and Investigative Experiments
Section 7 Examination and Confirmation of Audio-visual Materials and Electronic Data
Section 8 Exclusion of Illegal Evidence
Section 9 Comprehensive Examination and Application of Evidence
Chapter V Compulsory Measures
Chapter VI Incidental Civil Actions
Chapter VII Time Periods, Service and Time Limits of Trials
Chapter VIII Trial Organizations
Chapter IX Procedure of First Instance of Cases of Public Prosecution
Section 1 Review and Acceptance and Pre-trial Preparation
Section 2 Announcement of Court in Session and Court Investigation
Section 3 Debate in Court and Final Statement
Section 4 Deliberation of Case and Announcement of Judgment
Section 5 Court Disciplines and Other Provisions
Chapter X Procedure of First Instance of Cases of Private Prosecution
Chapter XI Trial of Unit Crime Cases
Chapter XII Summary Procedure
Chapter XIII Procedure of Second Instance
Chapter XIV Approval of Special Parole and Sentence to Punishments Less Than the Prescribed Punishments
Chapter XV Procedure for Review of Death Penalty
Chapter XVI Sealed, Seized and Frozen Effects and Their Disposal
Chapter XVII Trial Supervision Procedure
Chapter XVIII Trial and Judicial Assistance of Foreign-related Criminal Cases
Chapter XIX Procedure for Execution
Section 1 Execution of Death Penalty
Section 2 Execution of Death Penalty with A Suspension of Execution; Execution of Life Imprisonment, Fixed-term Imprisonment and Criminal Detention
Section 3 Execution of Public Surveillance, Probation and Deprivation of Political Right
Section 4 Execution of Punishments Against Property and Supplementary Civil Action Judgment
Section 5 Trial of Cases of Commutation of Sentence and Parole
Section 6 Cancellation of Probation and Parole
Chapter XX Litigation Procedure for Juvenile Criminal Cases
Section 1 General Provisions
Section 2 Court Preparation
Section 3 Trial
Section 4 Execution
Chapter XXI Litigation Procedure for Cases of Public Prosecution That Are Settled by the Parties
Chapter XXII Procedure for Confiscation of Illegal Gains in Cases Where the Suspects or Defendants Escape or Are Dead
Chapter XXIII Procedure for Compulsory Medical Treatment for Mental Patients That Are Legally Exempted From Criminal Liabilities
Chapter XXIV Supplementary Provisions
On March 14, 2012, the 5th Session of the 11th National People's Congress adopted the Decision on Amending the Criminal Procedure Law of the People's Republic of China. These Interpretations are formulated for the purpose of correctly understanding and applying the amended criminal procedure law and in combination with the actual trial practice of the people's courts.
Chapter I Jurisdiction
Article 1 The cases of private prosecution directly accepted by the people's courts include:
1. Cases to be handled only upon complaint;
(1) Case of insult or defamation (as provided in Article 246 of the Criminal Law, except for severely jeopardizing the national interests and social order);
(2) Case of interference of others' freedom of marriage by violence (as provided in Paragraph 1 of Article 257 of the Criminal Law);
(3) Mistreatment case (as provided in Paragraph 1 of Article 260 of the Criminal Law); and
(4) Embezzlement case (as provided in Article 270 of the Criminal Law).
2. Other minor criminal cases which the procuratorate has initiated no public prosecution but the victim has the evidence to prove so;
(1) Case of intentional injury (as provided in Paragraph 1 of Article 234 of the Criminal Law);
(2) Case of illegal trespass to residence (as provided in Article 245 of the Criminal Law);
(3) Case of infringement upon communication freedom (as provided in Article 252 of the Criminal Law);
(4) Bigamy case (as provided in Article 258 of the Criminal Law);
(5) Abandonment case (as provided in Article 261 of the Criminal Law);
(6) Case of production and sale of fake and substandard commodities (as provided in Section 1 of Chapter 3 of the Specific Provisions of the Criminal Law, except for those severely jeopardizing social order and national interests);
(7) Case of infringement upon intellectual property rights (as provided in Section 7 of Chapter 3 of the Specific Provisions of the Criminal Law, except for those severely jeopardizing social order and national interests); and
(8) Cases as provided in Chapter 4 and Chapter 5 of the Specific Provisions of the Criminal Law, which the defendant may be given a punishment not severe than an imprisonment of three years.
For cases mentioned above in Item (8), where the victim directly brings a lawsuit to the people's court, the people's court shall accept the same according to the laws. For those cases without solid evidence, they may be accepted by the public security organ, and for those cases as may be deemed by the people's court that the defendant may be given a criminal punishment of an imprisonment of three years or more severe, the people's court may notify the victim to report the case to the public security organ, or may transfer the case to the public security organ to place on file and investigate.
3. Cases which the victim has the evidence to prove that the defendant has committed activities infringing upon his personal and property rights, which shall be legally investigated for criminal liabilities, and has the evidence to prove that he has made an accusation but the public security organ or the procuratorate has determined to not to investigate the defendant for criminal liability.
Article 2 The crime place includes the place of occurrence of crime and the place of crime consequence.
For crimes targeted at or taken advantage of internet network, the crime place shall include the locations of the server and the builder and the administrator of the website which is used for committing crime, the locations of the invaded computer information system and its administrator, the locations of the defendant and his computer information system, and the place where the property of the victim suffers loss.
Article 3 The registered residence of the defendant shall be his residence. In case of any inconsistency between the registered residence and the habitual residence, the habitual residence shall be the residence of the defendant. The habitual residence shall be the place where the defendant has lived for a year or more on a continuous basis before being prosecuted, except for hospitalization.
The registered domicile of the defendant unit shall be its residence. In case of any inconsistency between the principal place of business or the place of main administrative office, the principal place of business or the place of main administrative office shall be its residence.
Article 4 For crimes committed on the Chinese ships outside the territory of the People's Republic of China, the people's court at the Chinese port where the ship concerned first anchors shall have the jurisdiction for such crimes.
Article 5 For crimes committed within Chinese aircraft outside the territory of the People's Republic of China, the people's court at the place in China where the aircraft concerned first lands shall have the jurisdiction for such crimes.
Article 6 For crimes committed on international trains, the jurisdiction thereof shall be determined in accordance with the agreement concluded by China and relevant country; in case of no agreement, the people's court at the place of the Chinese station where the train concerned first pulls off or at the place of destination of the train within China shall have the jurisdiction for such crimes.
Article 7 For any crime committed by Chinese citizen within the Chinese overseas embassies or consulates, the people's court at the place of the competent organization or at the place of original registered residence of such citizen shall have the jurisdiction for such crime.
Article 8 For any crime committed by Chinese citizen outside the territory of the People's Republic of China, the people's court at the place of his entry into China or residence before departure shall have the jurisdiction for such crime; if the victim is also a Chinese citizen, the people's court at the place of residence of the victim before departure shall also have the jurisdiction for such crime.
Article 9 Where any foreigner commits any crime against the People's Republic of China or any of its citizens outside the territory of the People's Republic of China, whom shall be punished in accordance with the Criminal Law of the People's Republic of China, the people's court at the place of the entry into China or the residence after entry of such foreigner or the residence of such citizen before departure shall have the jurisdiction for such crime.
Article 10 For any crime provided in the international conventions concluded or acceded to by the People's Republic of China, where the People's Republic of China exercises its criminal jurisdiction within the scope of its obligations, the people's court at the place where the defendant is caught shall have the jurisdiction for such crime.
Article 11 Where the criminal serving sentence has committed any other crime without trial before announcement of judgment, the original people's court shall have the jurisdiction for such crime; if it is more appropriate for the people's court at the crime place or the place where the criminal serves his sentence, then such people's court shall also have the jurisdiction for such crime.
Where the criminal commits new crime during his serving of sentence, the people's court where the criminal serves his sentence shall have the jurisdiction for such crime.
Where the criminal commits any crime during his escape, the people's court where the criminal serves his sentence shall have the jurisdiction for such crime. However, where the criminal is caught at the crime place and found to have committed any crime during escape, the people's court at the crime place shall have jurisdiction for such crime.
Article 12 For cases which, in the opinions of the people's procuratorate, the criminals may be sentenced to life imprisonment or death penalty, and which the people's procuratorate has brought public prosecution before the intermediate people's court, where the intermediate people's court considers that there is no possibility for the criminal to be sentenced to life imprisonment or death penalty after its acceptance, the intermediate people's court shall legally hear the case without transferring the same to the basic people's court for trial.
Article 13 For case with several crimes committed by one person, of joint crime, or under any other circumstance which requires consolidation of trial, where any person or any crime shall be tried by the people's court at superior level according to the Criminal Law of the People's Republic of China, the people's court at superior level shall have jurisdiction for the whole case.
Article 14 Where the people's court at superior level decides to hear any criminal case of first instance under jurisdiction of the people's court at inferior level, the people's court at superior level shall issue written decision on change of jurisdiction to the people's court at inferior level, and notify the people's procuratorate at the same level in writing.
Article 15 The basic people's court shall transfer the criminal case of first instance which the criminal may be sentenced to life imprisonment or death penalty to the intermediate people's court for trial.
The basic people's court may request to transfer the following criminal cases of first instance to the intermediate people's court for trial:
1. Significant and complex cases;
2. Difficult cases of new type; and
3. Cases with general guiding significance in terms of application of law.
Where any case is required to be transferred to the intermediate people's court for trial, the written application for transfer shall be made upon reporting to the president of the court for approval and no later than 15 days prior to the expiry of term of trial of case. The intermediate people's court shall make decision within 10 days upon receipt of such application. In case of disapproval of transfer, the intermediate people's court shall issue the decision on disapproval of transfer, and the people's court demanding for transfer shall hear the case according to the laws; in case of approval of transfer, the intermediate people's court shall issue written decision on approval of transfer, and notify the people's procuratorate at the same level in writing.
Article 16 Where the competent people's court is inappropriate to exercise the jurisdiction due to such reasons as that a withdrawal is required due to the president of the people's court gets involved in the case, the competent people's court may demand to transfer the case to the people's court at superior level for trial. The people's court at superior level may hear the case or designate other people's court at the same level with the demanding people's court for trial.
Article 17 For cases where two or more people's courts at the same level have jurisdiction, the people's court that first accepts the case shall hear the case. And the case may be transferred to the people's court at the place of the major crime committed by the defendant for trial whenever necessary.
In case of any dispute over jurisdiction, such dispute shall be negotiated to be solved during the trial; in case of failure to do so, the disputing people's courts shall respectively report to the joint people's court at superior level for designated jurisdiction level by level.
Article 18 The people's court at superior level may, whenever necessary, designate the people's court at inferior level to transfer the case under the jurisdiction of such people's court at inferior level to other people's court at inferior level for trial.
Article 19 In case of designated jurisdiction by the people's court at superior level, the people's court at superior level shall respectively serve the written decision on designated jurisdiction to the people's court designated for jurisdiction and other relevant people's courts.
Article 20 After the original accepting people's court receives the written decision on change of jurisdiction, the written decision of approval of transfer or the written decision of designated jurisdiction to other people's court from the people's court at superior level, in case of cases of public prosecution, the original accepting people's court shall notify the people's procuratorate at the same level in writing, return the case file and notify the parties to the case in writing; and in case of cases of private prosecution, the original accepting people's court shall transfer the case file to the people's court of designated jurisdiction, and notify the parties to the case in writing.
Article 21 For cases remanded for retrial by the people's court of second instance, where the people's procuratorate re-brings the public prosecution before the people's court at the level lower than the original people's court of first instance after withdrawal of the prosecution, the people's court at the inferior level shall report the relevant situation to the original people's court of second instance level by level. The original people's court of second instance may, on basis of the specific situation, decide to transfer the case to the original people's court of first instance or other people's court for trial.
Article 22 For criminal cases involving army and local elements, the jurisdiction shall be determined in accordance with relevant regulations.
Chapter II Withdrawal
Article 23 Under any of the following circumstances, the judge shall voluntarily withdraw and the parties to the case and their legal representatives may apply for the withdrawal of the judge:
1. Where he is a party to the case or an immediate relative to either party;
2. Where he or his relatives have any interest in the case;
3. Where he has served as a witness, forensic appraiser, defender, agent ad litem or translator;
4. Where he is an immediate relative to the defender or agent ad litem of the case; or
5. Where he has any other interest relationship with either party to the case, which might affect the impartiality of the trial of the case.
Article 24 Where any judge violates the regulations and is under any of the following circumstances, the parties to the case and their legal representatives may apply for the withdrawal of such judge:
1. Where he violates the regulations to meet with the parties, defender or agent ad litem of the case;
2. Where he recommends or introduces defender or agent ad litem for the any party to the case, or introduces the case to lawyer or other personnel;
3. Where he requests or accepts any effects or other benefits from any party to the case or his entrusted persons;
4. Where he accepts the entertainment by any party to the case or his entrusted persons, or participates in any activity the fee of which is paid by such party or person;
5. Where he borrows any effects from any party to the case or his entrusted persons; or
6. Where he has any improper activity, which might affect the impartiality of the trial.
Article 25 Where any investigation or procuratorial personnel that has participated in the investigation or examination for prosecution of the case is transferred to work in the people's court, he may not serve as the judge of the case.
In any proceedings, if any member of the collegial panel or sole judge has participated in the trial of the case, he may not participate in the trial of the case in other processes. However, in case of cases remanded for retrial, if the case is again moved to the second instance procedure or death penalty review procedure after the people's court of first instance renders its ruling, the members of collegial panel of the original second instance procedure or death penalty review procedure shall not be subject to the limitation as provided herein.
Article 26 The people's court shall legally inform the parties to the case and their legal representatives of their rights to apply for withdrawal, and inform them of the list of members of collegial panel, sole judge, clerk and other personnel.
Article 27 Where the judge voluntarily applies for withdrawal, or any party or his legal representatives applies for withdrawal of any judge, he may put forward the same orally or in writing, and state the reasons for that; and it is the president of the court to decide approval or not.
Where the president of the court applies for withdrawal, or any party or his legal representatives apply for withdrawal of the president of the court, the judicial committee shall determine the same upon deliberation by the judicial committee. When the judicial committee discusses the application for withdrawal of the president of the court, such discussion shall be presided over by the vice president of the court without the participation of the president of the court.
Article 28 When applying for withdrawal in accordance with Article 28 of the Criminal Procedure Law and Article 24 of these Interpretations, the parties of the case and their legal representatives shall provide proof materials.
Article 29 Where the judge that shall withdraw does not voluntarily withdraw, and any party or his legal representatives has not applied for their withdrawal, the president or the judicial committee shall determine their withdrawal.
Article 30 For the withdrawal application filed by any party or his legal representatives, the people's court may make decision orally or in writing, and notify the decision to the applicant.
Where any party or his legal representatives applies for withdrawal and their applications are rejected, they may apply for review when receiving the decision of rejection. In case of withdrawal application not under any of the circumstances as provided in Article 28 or 29 of the Criminal Procedure Law and being rejected by the court at court, such rejection may not be applied for review.
Article 31 Where the parties of the case and their legal representatives apply for withdrawal of any procuratorial personnel at court, the people's court shall announce an adjournment and notify the people's procuratorate.
Article 32 For the purposes of this Chapter, "Judge" include the president and vice president of the people's court, members of the judicial committee, chief judge and vice chief judge, judges, assistant judges and people's assessors.
Article 33 The relevant provisions on withdrawal of judge shall also apply to clerks, translators and forensic appraisers, and the withdrawal of such persons shall be determined by the president of people's court.
Article 34 The defender and agent ad litem may demand withdrawal or apply for review in accordance with relevant rules of this Chapter.
Chapter III Defence and Representation
Article 35 When hearing cases, the people's court shall fully protect the defence rights legally enjoyed by the defendant.
In addition to exercise of defence right by himself, the defendant may entrust a defender for defence. The following persons may not be a defender:
1. Persons who are executing criminal penalty, or in probationary period or probation period for parole;
2. Persons whose personal freedom is legally deprived off or restricted;
3. Persons with no or limited capacity for conduct;
4. Incumbent persons of the people's court, the people's procuratorate, the public security organs, the national security organs and the prison;
5. People's assessors;
6. Persons with interest relationship with the trial results of the case; and
7. Foreigners or stateless persons.
For persons listed in Item 4-7 as listed in the preceding Paragraph, if they are the guardians or immediate relatives of the defendant, and are entrusted by the defendant to be his defender, they may be allowed to do so.
Article 36 The judge and other work staff of the people's court may not serve as defender in the capacity of lawyer within two years from his resignation from the people's court.
The judge and other work staff of the people's court may not serve as defender in any case heard by the people's court he once worked for after his resignation from the people's court, except for defence given in capacity of custodian or immediate relative of the defendant.
The spouse, children or parents of the judge and other work staff of the people's court may not serve as defender in any case heard by the people's court such personnel originally worked for, except for defence given in capacity of custodian or immediate relative of the defendant.
Article 37 Where a lawyer, people's organization, person recommended by the unit where the defendant works, custodian, or any relative or friend of the defendant is entrusted to be the defender, the people's court shall verify his identity proof and the power of attorney.
Article 38 A defendant may entrust one to two persons as his defender(s).
A defender may not defend for two or more defendants of the same case, or for defendants of different cases but the facts of crimes of such cases are related.
Article 39 Where the defendant makes no entrustment on defender, the people's court shall, within three days upon acceptance of the case, notify the defendant that he has the right to entrust a defender; where the defendant entrusts no defender due to economic hardship or other reasons, he shall be notified that he may apply for legal aid; where the defendant is under any circumstance where legal aid can be provided, the people's court shall notify the defendant that it will legally notify the legal aid agency to appoint lawyers to defend for him.
The notification may be given orally or in writing.
Article 40 During trial, where the defendant in custody requests to entrust a defender, the people's court shall forward such request to his custodian, immediate relatives or any other persons designated by the defendant within three days thereafter. The defendant shall provide the contacts of relevant persons. Where the relevant persons are unreachable, the defendant shall be told so.
Article 41 The people's court shall, upon receipt of the legal aid application filed by the defendant in custody, forward the same to the local legal aid agency within 24 hours.
Article 42 For the following defendant without entrustment of defender, the people's court shall notify the legal aid agency to appoint lawyers to defend for him:
1. Where he is blind, deaf or mute;
2. Where he is a mental patient whose illness is of an intermittent nature; and
3. Where he may be sentenced to life imprisonment or death penalty.
Where the higher people's court reviews death penalty case and the defendant entrusts no defendant, the higher people's court shall notify legal aid agency to appoint lawyer to defend for him.
Article 43 Under any of the following circumstances, where the defendant entrusts no defender, the people's court may notify the legal aid agency to appoint lawyer to defend for him:
1. Where, in a joint crime case, other defendants have entrusted defenders;
2. Cases with significant social influence;
3. Cases protested by the people's procuratorate;
4. Where the activity of the defendant may not constitute any crime; and
5. Other circumstances as necessary to appoint lawyer to provide defence.
Article 44 Where the people's court notifies the legal aid agency to appoint lawyer to provide defense, the people's court shall serve the legal aid notification, copy of the complaint or judgment to the legal aid agency; in case of deciding to hear, the people's court shall serve the said material to the legal aid agency 15 days prior to the trial, except for trial by summary process.
The legal aid notification shall state the cause of action, name of defendant, reasons for legal aid, name and contacts of judge; in case of deciding to trial, the place and time of trial shall be stated too.
Article 45 Where the defendant refuses the defense by the lawyer appointed by the legal aid agency, and insists on exercise of the right of defence by itself, the people's court shall allow so.
Under circumstances where legal aid shall be provided, where the defendant rejects the defence by the appointed lawyer, the people's court shall find out the reasons. Where the reasons are justifiable, it shall allow the rejection, however, the defendant must otherwise entrust another defender; where the defendant fails to otherwise entrust a defender, the people's court shall notify the legal aid agency to otherwise appoint lawyers to defend for him in writing and within three days.
Article 46 Where the defendant accepts the entrustment of the defendant during the trial period, he may submit the relevant entrustment formalities to the people's court within three days upon the date of receipt and acceptance.
Where the legal aid agency decides to appoint lawyer to defend for the defendant, the appointed lawyer shall, within three days upon acceptance of designation, submit the legal aid formalities to the people's court.
Article 47 The defence lawyer may consult, extract and copy the case file. Other defenders may, upon permission by the people's court, consult, extract or copy the case file. No consultation, extract or copy of the discussion record of the collegial panel and the judicial committee or other materials that may not be disclosed to the public, is allowed.
Where the defender consults, extracts or copies the case file, the people's court shall provide convenience and guarantee necessary time.
Photocopy, photography, scanning or other means can be adopted to copy the case file.
Article 48 The defence lawyer may meet with and communicate with the defendant in custody or under residential surveillance. Other defenders may do so with the permission from the people's court.
Article 49 Where the defender believes that any evidence proofing the innocence or the need for mitigated punishment of the defendant that is collected by the public security organs or the people's procuratorate during investigation or review and examination, and the defender applies to the people's court for obtaining such evidence, the defender shall submit a written application for that, and relevant clues or materials. The people's court shall obtain the same from the people's procuratorate upon acceptance of application. After the people's procuratorate has transferred relevant evidence materials, the people's court shall timely notify the defendant.
Article 50 Where the defence lawyer applies for collecting materials in relation to the case from the victim and immediate relatives as well as the witness provided by the victim, and if the people's court deems it necessary, it shall issue the permitted investigation.
Article 51 When the defence lawyer attempts to collect and obtain evidence materials in relation to the case from the witness or relevant units or individuals, and such witness or relevant units or individuals refuse to cooperate, and therefore the defence lawyer applies to the people's court for collection and obtaining of such evidence material or apply for notifying the witness to take the stand in the court, and the people's court shall agree so if it deems necessary.
Article 52 Where the defence lawyer directly applies to the people's court for requesting the court to collect and obtain evidence materials from the witness or relevant units or individuals, and the people's court deems it necessary to do so and that it is inappropriate or impossible for the defence lawyer to do so, the people's court shall approval such request. When the people's court collects and obtains evidence materials, the defence lawyer may present.
All written evidence materials collected and obtained by the people's court from relevant units must be signed by the providers and affixed with the common seal of such units; and the written evidence materials collected and obtained by the people's court from individuals must be signed by the providers.
The people's court shall issue receipts for all evidence materials provided by relevant units and individuals, which will indicate the name of each evidence material, time of receipt, number of copies, pages and original copies or reproduction copies, and such receipts shall be signed by the clerks or judge.
Upon collection and obtaining of the evidence materials, the people's court shall timely notify the defence lawyer to consult, extract and copy, and notify the people's procuratorate.
Article 53 The applications as provided in Article 50 to 52 hereof shall be made in writing with reasons, and shall indicate the content of evidence materials needed to be collected or obtained, or the outline of questions needed to be investigated.
For applications made by the defence lawyer, the people's court shall make decision on whether to approve or allow the same or not within five days, and notify the applicant; if the people's court decides not to approve or allow the same, it shall state the reasons for that.
Article 54 The people's court shall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem, and notify them that they could apply for legal aid if they have any economic hardship.
Article 55 For application of law on the parties' entrustment of agent ad litem, the relevant provisions of Article 32 of the Criminal Procedure Law and these Interpretations shall be referred to.
Article 56 The agent ad litem may protect the litigation rights and other legitimate rights and interests of the victim, the private prosecutor or the parties to the incidental civil action on basis of the facts and laws.
Article 57 Upon the permission of the people's court, the agent ad litem may consult, extract and copy the case file of the case.
Where the lawyer as the agent ad litem needs to collect and obtain evidence materials in relation to the case, the provisions of Article 51 to 53 hereof shall be referred to.
Article 58 After accepting the entrustment by the parties or designation by the legal aid agency, the agent ad litem shall submit to the people's court the evidence for completion of the entrustment formalities or legal aid formalities within three days.
Article 59 Where the defender or the agent ad litem copies the case file, the people's court will only charge them the cost for such copies; where the legal aid lawyer copies any necessary case file, the people's court shall exempt such lawyer from the charge or reduce the charge for such lawyer.
Article 60 Where the defence lawyer notifies the people's court about that his principal or others are preparing to carry out, or carrying out any crime jeopardizing the national security or public security or seriously jeopardizing the personal security of others, the people's court shall record the same and immediately notify the competent authority to legally deal with the same, and keep confidential for the lawyer on any reflected situation.
Chapter IV Evidence
Section 1 General Provisions
Article 61 The determination of facts of a case must be relied on evidence.
Article 62 The judge shall collect, examine, verify and determine evidence in accordance with the statutory procedures.
Article 63 Evidence that has not been determined to be reliable upon presentation, identification, cross-examination and other court investigation procedure may not be used for deciding a case, unless otherwise provided by the laws and these Interpretations.
Article 64 The facts of a case that shall be proved by evidence include:
1. Identity of the defendant and the victim;
2. Whether the accused crime has occurred;
3. Whether the accused crime is committed by the defendant;
4. Whether the defendant has the capacity to bear criminal responsibility, whether the defendant is guilty, and the defendant's crime motive and purpose;
5. The time, place and means for committing crime, the consequence of crime and the cause of case, etc.;
6. The status or role of the defendant in the joint crime;
7. Whether the defendant is under any circumstance for heavier, lesser or mitigated punishment or exemption of punishment;
8. Facts on incidental civil action or case-involved effects;
9. Procedural facts on jurisdiction, withdrawal or postponement of hearing, etc.; and
10. Other facts in relation to conviction and sentencing.
Determination of the guilty of the defendant and the heavier punishment of the defendant shall apply to the proof standards of sufficient and reliable evidence.
Article 65 The physical evidence, documentary evidence, audio-visual materials, electronic data and other evidence materials collected by the administrative authority in the course of administrative execution and investigation and handling of the case may be used as evidence in the criminal litigation; where such evidence is verified to be reliable upon the examination by the court and the collection procedure of such evidence meets with the provisions of the laws and regulations, such evidence may be used as basis for deciding case.
The evidence material collected by the organizations exercising the powers of the state administrative management functions in accordance with the laws and regulations in the course of administrative execution and the investigation and handling of cases shall be deemed as evidence materials collected by the administrative authority.
Article 66 The people's court shall make investigation and verification on the evidence in accordance with Article 191 of the Criminal Procedure Law, and may notify the procuratorial personnel, defender, private prosecutor and his legal representative to present whenever necessary. The absence of any of the said personnel shall be recorded.
Where the people's court finds out any new evidence materials having great influence on the conviction and sentence when investigating and verifying the evidence, it shall notify the procuratorial personnel, defender, private prosecutor and his legal representative. The people's court may also directly obtain such evidence whenever necessary, and then timely notify the procuratorial personnel, defender, private prosecutor and his legal representative to consult, extract and copy.
Article 67 The following persons may not be served as eye-witness in any criminal litigation activity:
1. Where he has any physical or mental defect, he is young or he is lack of the corresponding identification capacity or cannot correctly express himself;
2. Where he has any interest in the case, which may affect the impartial handling of the case; and
3. Where he is the staff or employee of the public security organs or judicial authority exercising such criminal litigation powers as inquest, examination, search and seizure.
Where there is no qualified person to be the eye-witness due to objective reasons, it shall be indicated in the record materials, and the relevant activities shall be recorded in video.
Article 68 In case of hearing a case in public, where the public prosecutor or any litigation participant presents any evidence in relation to national secret, trade secret or personal privacy, the court shall put a stop to it. Where the relevant evidence is indeed relating to the case, the court may decide to transform the case into a case inappropriate for hearing in public, or conduct the court investigation of relevant evidence in private, on the basis of the specific situation.
Section 2 Examination and Confirmation of Physical Evidence and Documentary Evidence
Article 69 In case of physical evidence and documentary evidence, the examination shall focus on the following content:
1. Whether the physical evidence or documentary evidence is the original object or copy, whether such evidence has been identified and verified; whether the photo, video and copy of the physical evidence or the counterpart or copy of the documentary evidence is consistent with the original object or copy; whether such evidence is produced by two persons or more; whether there is any written statement on the production process and location of the original object and copy, with signature thereupon;
2. Whether the procedure and method for collection of the physical evidence or documentary evidence meets with the laws and regulations; whether the physical evidence or documentary evidence that has been subject to inquest, examination, search and obtaining and seizure is attached with relevant record and list; whether such record and list has been signed by the investigatory personnel, the holder of items and the eye-witness; whether there is any indicated reason in case of absence of signature of the holder of items; and whether the name, characteristics, quantity and quality of the items are clearly indicated;
3. Whether the physical evidence or documentary evidence is damaged or altered in the course of collection, custody or verification;
4. Whether the physical evidence or documentary evidence is relating to the facts of the case; whether the bloodstain, body fluid, hairs, fingerprints and other biological samples, traces or items left at the scene of crime that are relating to the crime and meet the conditions for verification, have completed the DNA verification, fingerprint verification and other verifications, and have completed the comparison with the corresponding biomaterial, biological features and items of the defendant or the victim; and
5. Whether all physical evidence or documentary evidence in connection with the facts of a case have been fully collected.
Article 70 The physical evidence used for deciding case shall be original objects. Where the original objects are inconvenient for transport or difficult for retention, such objects shall be legally kept or handled by relevant departments; in case of objects requiring to be returned in accordance with the laws, the photos, videos and copies sufficient enough to reflect the appearance and characteristics of the original objects shall be taken or made.
Those photos, videos or copies of the physical evidence that cannot reflect the appearance and characteristics of the original objects cannot be used as the basis for deciding case.
The photos, videos and copies of the physical evidence may be used as basis for deciding cases after verified to be authentic and identical to the original objects, or confirmed to be authentic and identical by other means.
Article 71 The documentary evidence used for deciding case shall be original copies. In case of difficulty in obtaining the original copies, the counterpart and copies may be used.
Documentary evidence with unexplainable alternation or signs of alternation, or the copies and counterparts of which cannot reflect the original copies and their content, cannot be used as basis for deciding case.
The counterpart and copies of the documentary evidence may be used as basis for deciding cases after verified to be authentic and identical to the original copies, or confirmed to be authentic and identical by other means.
Article 72 For bloodstain, body fluid, hairs, human tissue, fingerprints, footprint, handwriting and other biological samples, traces and items as may be relating to the facts of the case, which shall be extracted and examined, if no extraction and examination is made and therefore leads to any doubt in the facts of the case, the people's court shall state the same to the people's procuratorate and the latter shall legally conduct supplementary collection and obtaining of evidence or make reasonable explanation.
Article 73 Where there is no record or list of the physical evidence and documentary evidence extracted or distrained in the course of inquest, examination and search, and therefore the source of such physical evidence or documentary evidence cannot be proved, then such physical evidence or documentary evidence cannot be used as basis for deciding case.
Despite any defect in the procedure and method for collection, the physical or documentary evidence may be admitted after additions and corrections or provision of reasonable explanation:
1. Where there is no signature of the investigatory personnel, holder of the items or eyewitness on the inquest, examination, search or extraction record or the seizure list, or there is no detailed indication of the name, characteristics, quantity and quality of the items;
2. Where the photos, videos or copies of the physical evidence or the counterparts or copies of the documentary evidence are not indicated as "identical to original objects", without time of reproduction, or without signature and seal by the person who collects or obtains the same;
3. Where there is no statement on the production process and location of the storage of original objects and copies by the producer on the photos, videos and copies of the physical evidence or the counterparts or copies of the documentary evidence, or where there is no signature for such statement; or
4. In case of having other defects.
Where there is any doubt on the source or collection procedure of the physical evidence or documentary evidence, and no reasonable explanation is provided, the physical evidence or documentary evidence concerned cannot be used as basis for deciding case.
Section 3 Examination and Confirmation of Testimony of Witness and Statement of Victim
Article 74 In case of testimony of witness, the examination shall focus on the following content:
1. Whether the content of testimony is from the direct perception of the witness;
2. Whether the age, the cognition, memory and expression ability, and the physical and mental status of the witness when testifying will affect the giving of testimony;
3. Whether the witness has any interest relationship with the parties to the case or the results of the case;
4. Whether the inquiry of witness is independently conducted;
5. Whether the production or revision of the inquiry record meets with the relevant provisions of the laws and regulations; whether the duration and place of inquiry is indicated on the inquiry record; whether the witness is informed of the rights, obligations and legal liabilities on testifying before the first inquiry; whether the witness has verified and confirmed the inquiry record;
6. In case of inquiring juvenile witness, whether his legal representative or relevant persons have been notified to present; whether his legal representative or relevant persons have presented;
7. Whether there is any circumstance of collection of testimony of witness by violence, threat or other illegal means; and
8. Whether the testimonies can be mutually verified; whether the testimony and other evidence can be mutually verified; whether there is any contradiction between the testimony and other evidence.
Article 75 Testimony provided by witness in obvious drunk, intoxication or anesthetization status, or who cannot perceive as normal person or correct express himself, cannot be used as evidence.
The speculative, commentary or deductive testimony given by the witness cannot be used as evidence, unless it is true according to general life experience.
Article 76 Under any of the following circumstances, the testimony of witness may not be used as basis for deciding case:
1. Where the inquiry of witness is not independently conducted;
2. Where the written testimony has not been verified and confirmed by the witness;
3. In case of inquiry of deaf and mute witness, failure to provide persons comprehending dactylogy at the inquiry; or
4. In case of inquiry of witness not comprehending local language and words, failure to provide translator at the inquiry.
Article 77 Where the collection procedure or method for testimony of witness has the following defects, if such defects can be made up or a reasonable explanation on such defects is provided, such testimony may be admitted; otherwise, such testimony may not be used as basis for deciding case:
1. Where the inquiry record fails to fill in the name of the inquirer, recorder and legal representative or the duration and place of inquiry;
2. Where the place of inquiry does not meet the requirements;
3. Where the inquiry record does not record the notification to the witness on rights, obligations and legal liabilities on testifying; or
4. Where the inquiry record reflects that the same inquirer has inquired different witnesses at the same time.
Article 78 The testimony given by the witness at court shall be used as basis for deciding case if such testimony is verified by the prosecutor and defender and investigated by the court to be true.
Where the witness gives a testimony at court that is contradictory to his testimony given before trial, and the witness is able to make reasonable explanation, which can be proved by relevant evidence, such testimony shall be admitted by the court; in case of failure to make reasonable explanation and if there is any relevant evidence to proof the testimony given by the witness before trial, then such testimony given before trial may be admitted.
Where the witness refuses to appear at court or testify at court after appearance without justifiable reasons upon the notice of the people's court, and the court is unable to confirm the authenticity of his testimony, then the testimony of such witness may not be used as basis for deciding case.
Article 79 The examination and confirmation of the statement of the victim shall refer to the relevant provisions of this Section.
Section 4 Examination and Confirmation of Statements and Exculpations of the Defendant
Article 80 In case of statements and exculpations of the defendant, the examination shall focus on the following content:
1. Whether the time and place of interrogation, the status of interrogator, the number of interrogators and the interrogation method are in compliance with relevant provisions of the laws and regulations;
2. Whether the preparation and revision of the interrogation record meets with the relevant provisions of the laws and regulations; whether the interrogation record has indicated the specific duration and place of the interrogation; whether the defendant is notified about his relevant rights and provisions of the laws when he is interrogated for the first time; whether the defendant has verified and confirmed the interrogation record;
3. In case of interrogating juvenile defendant, whether his legal representative or relevant persons have been notified to present; whether his legal representative or relevant persons have presented;
4. Whether the statement of the defendant is collected by such illegal methods as extortion of confession by torture;
5. Whether the statements of the defendant are consistent; whether there is any caprice in his statements and why is that; whether all statements and exculpations of the defendant have been transferred along with the case;
6. Whether the content of the exculpations of the defendant accords with the case and common sense; whether there is any contradiction between them; and
7. Whether the statements and exculpations of the defendant can mutually verify with the statements and exculpations of other defendants of the same case; whether there is any contradiction.
The examination may, whenever necessary, be made by taking and combining the tapes and videos recorded in the course of interrogation, the physical examination records and interrogation records of the defendant taken each time he comes in and out of the detention house.
Article 81 Under any of the following circumstances, the statement of the defendant may not be used as basis for deciding case:
1. Where the interrogation record has not been verified and confirmed by the defendant;
2. In case of interrogation of deaf and mute defendant, failure to provide persons comprehending dactylogy at the inquiry; or
3. In case of interrogation of defendant not comprehending local language and words, failure to provide translator at the interrogation.
Article 82 Where the interrogation record has the following defects, if such defects can be made up or a reasonable explanation on such defects is provided, such statement may be admitted; otherwise, such statement may not be used as basis for deciding case:
1. Where there is any mistake or contradiction in the interrogation time, interrogator, recorder and legal representative completed in the interrogation record;
2. Where the interrogator does not sign the required document; or
3. Where the interrogation record for the first time does not record that the interrogated person is notified on his relevant rights and legal provision.
Article 83 The examination of the statements and exculpations shall be conducted in combination with all evidence provided by the prosecutor and the defender and all statements and exculpations made by the defendant.
Where the defendant withdraws the confession at court but fails to give reasonable explanation for that, or his explanation is contradictory to all other evidence of the case, but his statements before the court hearing are mutually confirmed with other evidence of the case, in the case, his statements before the court hearing may be admitted.
Where there is any caprice in the statements and exculpations of the defendant before the court hearing, but the defendant makes confession in the court hearing, and his confession is mutually confirmed with other evidence, then his confession at the court hearing may be admitted; where there is any caprice in the statements and exculpations of the defendant before the court hearing, but the defendant makes no confession in the court hearing, and there is no other evidence that is mutually confirmed with such statements and exculpations before the court hearing, then his statements and exculpations before the court hearing may not be admitted.
Section 5 Examination and Confirmation of Forensic Appraisal Opinions
Article 84 In case of forensic appraisal opinions, the examination shall focus on the following content:
1. Whether the forensic appraisal institute and the forensic appraiser have the statutory qualifications;
2. Whether there is any circumstance under which the forensic appraiser shall withdraw;
3. Whether the source, obtaining, custody and sending for test of the materials to be tested meet with the relevant provisions of the laws and regulations, and are conform to the content recorded on the obtaining record and list of distrained articles; whether the materials to be tested are sufficient and reliable;
4. Whether the formal requirements of the forensic appraisal opinions are satisfied; whether the forensic appraisal opinions have indicated the grounds for appraisal, the person entrusting appraisal, the appraisal institute, the appraisal requirements, the appraisal process, the appraisal methods, the appraisal date and relevant content; whether the forensic appraisal opinions have been affixed with the special stamp for judicial appraisal and signed and sealed by the appraiser;
5. Whether the appraisal procedure is in compliance with the provisions of the laws and regulations;
6. Whether the process and method of appraisal satisfies the relevant professional standardized requirements;
7. Whether the forensic appraisal opinions are clear;
8. Whether the forensic appraisal opinions are relevant to the facts of the case to be proved;
9. Whether the forensic appraisal opinions are contradictory with the inquest and examination records, relevant photos or other evidence; and
10. Whether the forensic appraisal opinions have been timely notified relevant persons, and whether the parties have any objection on the appraisal opinions.
Article 85 Under any of the following circumstances, the forensic appraisal opinions may not be used as basis for deciding case:
1. Where the forensic appraisal institute does not have the statutory qualifications, or the matters to be appraised have exceeded the business scope and technology conditions of such appraisal institutes;
2. Where the appraiser does not have the statutory qualifications or relevant professional technologies or titles, or breaches the withdrawal requirements;
3. Where the source of the materials or samples sent for test is unclear, or does not have the appraisal conditions due to contamination;
4. Where the appraisal objects are inconsistent with the materials or samples sent for test;
5. Where the appraisal procedures are against the requirements;
6. Where the process or method of appraisal does not meet with the relevant professional standardized requirements;
7. Where the appraisal documents lack of signature or seal;
8. Where the appraisal opinions are irrelevant to the facts of the case to be proved; or
9. Other circumstance in breach of relevant regulations.
Article 86 Where the appraiser refuses to testify in court upon notice by the people's court, the forensic appraisal opinions may not be used as basis for deciding case.
Where the appraiser cannot appear at court due to any Force Majeure or other justifiable reasons, the people's court may decide to postpone the hearing or arrange re-appraisal on basis of the specific situation.
The people's court shall circulate to the judicial administrative authority or relevant departments the appraiser refusing to testify in court without justifiable reason.
Article 87 For any specific issues in the case, if appraisal is needed but there is no statutory forensic appraisal institute that can run the test, or if the laws or judicial interpretations stipulate that such issues may be appraised, the people's court may designate or hire relevant expert to run the test, and the test report may be used as reference for conviction and sentencing.
The examination and confirmation on test report shall refer to the relevant provisions of this Section.
Where the tester refuses to testify in court upon notice by the people's court, the test report may not be used as reference for conviction and sentencing.
Section 6 Examination and Confirmation of Records of Inquests, Examination, Identification and Investigative Experiments
Article 88 In case of records of inquests and examination, the examination shall focus on the following content:
1. Whether the inquests and examination are legally conducted; whether the preparation of the records is in compliance with relevant provisions of the laws and regulations; whether the records of inquests and examination are signed or sealed by the inquest and examination personnel and the eye-witness;
2. Whether the records of inquests and examination have recorded the grounds for inquests and examination, the place and time of inquests and examination, the personnel on the scene, position of the scene, surrounding environment, the location and features of articles, persons and dead bodies (if any) and other situations thereof, and the course of inquests, examination and search; whether the written records are consistent with the real objects or drawings, photos or videos; whether the scene, articles and traces are forged or damaged; whether there is any disguise or change in the body features, injury situation or physiological status; and
3. In case of supplementary inquests or examination, whether the reasons for re-inquests or re-examination have been stated; and whether the results of re-inquests or re-examination are different from the previous ones.
Article 89 Where the records of inquests or examination are under any circumstance that is obviously inconsistent with the laws and regulations, and there is no reasonable explanation or statement for that, such records of inquests or examination may not be used as basis for deciding case.
Article 90 In case of identification records, the examination shall focus on the process and method of identification and whether the preparation of the identification records is consistent with relevant regulations.
Under any of the following circumstances, the identification records may not be used as basis for deciding case:
1. Where the identification is not presided by the investigator;
2. Where the identifier sees the objects to be identified before identification;
3. Where the identification activity is not conducted individually;
4. Where the object to be identified does not mix with other objects with similar features, or the number of objects for identification does not meet the requirements;
5. Where the identifier is given any hint in the identification, or there is any obvious suspicion in the identification; or
6. Other circumstances in violation of relevant regulations which lead to the impossibility to confirm the authenticity of the identification records.
Article 91 In case of investigative experiment records, the examination shall focus on the process and method of experiments and whether the preparation of the records is consistent with relevant regulations.
Where the conditions for investigative experiments are obviously different from the conditions at the time of occurrence of the event, or there are other circumstances affecting the scientific nature of the conclusion of experiments, the investigative experiments records may not be used as basis for deciding case.
Section 7 Examination and Confirmation of Audio-visual Materials and Electronic Data
Article 92 In case of audio-visual materials, the examination shall focus on the following content:
1. Whether there is any statement on the course of obtaining; whether the source is legal;
2. Whether the audio-visual materials are original; whether there are any copy and the number of copies; if the audio-visual materials are reproduced copy, whether the reasons on impossibility for obtaining the original copy and the statement on production process of the copy and the location of storage of the original copy are attached; whether the producer or the original holder of the audio-visual materials has signed or sealed for the audio-visual materials;
3. Whether there is any threat or inducement to the party or any other circumstance in violation of the laws and regulations in the course of production;
4. Whether the status of producer or holder of the audio-visual materials, and the time, place, conditions and methods of and for production are stated;
5. Whether the content and the production process are authentic; whether there is any addition, deletion or edition or other similar situation to and of the audio-visual materials; and
6. Whether the content of the audio-visual materials is relevant to the facts of the case.
In case of any question on the authenticity of the audio-visual materials, a forensic appraisal shall be conducted.
Article 93 In case of emails, electronic data exchange, online chat records, blog, micro blog, text messages, electronic signature, domain name and other electronic data, the examination shall focus on the following content:
1. Whether they have been transferred along with the original storage medium; if the original storage medium is unable to be sealed for storage, inconvenient for move or shall be legally retained, processed or returned by relevant departments, whether the obtaining and copying electronic data is conducted by two persons or more, whether the obtaining and copying electronic data is sufficient enough to guarantee the completeness of electronic data, and whether there is any written statement on the obtaining and copying process and the location of storage of the original storage medium, and any signature on such statement;
2. Whether the procedure and method for collection meets with the requirements of the laws and relevant technology norms; in case of electronic data collected from inquests, examination, search and other investigation activities, whether there is any record or list attached to such data and whether the investigator, electronic data holder and the eye-witness have signed on that; in the absence of the signature of the electronic data holder, whether there is any reason indicated in the record or list; in case of remote call of electronic data from overseas regions or different places, whether the relevant situation has been stated; whether there is clear indication on the specifications, types and document formats of electronic data;
3. Whether the content of electronic data is authentic; whether there is any deletion, revision, addition or other situations;
4. Whether there is any relevance between the electronic data and the facts of the case; and
5. Whether all electronic data in connection with the facts of a case has been fully collected.
In case of any question on electronic data, a forensic appraisal or test shall be conducted.
Article 94 Under any of the following circumstances, the audio-visual materials and electronic data may not be used as basis for deciding case:
1. Where there is unable to reach a conclusion on the authenticity thereof upon examination; or
2. Where no necessary proof or reasonable explanation is provided in case of any question on the time, place and method on production and obtaining.
Section 8 Exclusion of Illegal Evidence
Article 95 Where corporal punishment or corporal punishment in disguise, or other methods causing the defendant to suffer any intense pain or torture, physically or mentally are used to force the defendant to make statement against his will, it shall be deemed as the "extort confession by torture and other illegal methods" as provided in Article 54 of the Criminal Procedure Law.
In case of determining it to be the circumstance "that might severely affect the justice" as provided in Article 54 of the Criminal Procedure Law, the breach of legal procedure for collection of physical evidence and documentary evidence and severity of the consequence caused thereby as well as other situation shall be considered on a comprehensive basis.
Article 96 Where any party or his defenders or agent ad litem apply to the people's court for precluding any evidence collected by illegal method, they shall provide the clue or material in relation to the person suspected of obtaining evidence by illegal means, and the time, place, method and content in relation thereto.
Article 97 The people's court shall, when serving the copy of the compliant to the defendant and his defender, notify them that they should file any application for exclusion of illegal evidence (if any) before the court hearing, provided that they only discover any clue or material for that during the court hearing.
Article 98 Before court hearing, where any party or his defender or agent ad litem applies to the people's court for exclusion of illegal evidence, the people's court shall deliver to the people's procuratorate the copies of the application letter or application record and relevant materials and clues before the court hearing.
Article 99 Before court hearing, where any party or his defender or agent ad litem applies for exclusion of illegal evidence and the people's court has any doubt on the legitimacy of the collection of evidence upon examination, the people's court shall hold a pre-court meeting in accordance with Paragraph 2 of Article 182 of the Criminal Procedure Law to understand the situation and hearing opinions on the exclusion of illegal evidence and other issues. The people's procuratorate may explain the legitimacy of the collection of evidence by showing relevant evidence materials and other methods.
Article 100 In the course of court hearing, where any party or his defender or agent ad litem applies for exclusion of illegal evidence, the court shall conduct examination. Where the court has any doubt on the legitimacy of the collection of evidence upon examination, it shall investigate; in case of finding no doubt upon investigation, the court shall explain the situation and reason at court and continue the hearing. Where such party or his defender or agent ad litem reapplies for exclusion of illegal evidence on the same ground, the court shall not conduct examination.
The investigation on the legitimacy of the collection of evidence may be conducted after the application for exclusion of illegal evidence by any party or his defender or agent ad litem, or conducted before the ending of court investigation, as the case may be.
In the course of court hearing, where any party or his defender or agent ad litem applies for exclusion of illegal evidence and the people's court deems it failing the requirements as set forth in Article 97 hereof upon examination, the people's court shall conduct examination before the ending of court investigation and make decision on whether to conduct investigation on legitimacy of collection of evidence.
Article 101 Where the court decides to investigate the legitimacy of collection of evidence, the public prosecutor may prove the legitimacy of collection of evidence by showing and reading interrogation record or other evidence, playing the tapes and videos recorded in the course of interrogation with purpose, appealing to the court to notify relevant investigators or other persons to appear in the court to make explanations, or other means.
The materials submitted by the public prosecutor to explain the legitimacy of the process of collection of evidence shall be signed by relevant investigators and affixed with the common seal.
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