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Laws of the People's Republic of China

You are here: AsianLII >> Databases >> Laws of the People's Republic of China >> DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING THE PROCEDURE FOR PROMPT ADJUDICATION OF CASES INVOLVING CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC SECURITY

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING THE PROCEDURE FOR PROMPT ADJUDICATION OF CASES INVOLVING CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC SECURITY

Category	LITIGATION	Organ of Promulgation	The Standing Committee of the National People's Congress	Status of Effect	Invalidated
Date of Promulgation	1983-09-02	Effective Date	1983-09-02	Date of Invalidation	1997-01-01

Decision of the Standing Committee of the National People's Congress Regarding the Procedure for Prompt Adjudication of Cases Involving Criminals Who Seriously Endanger Public Security

In order to quickly and severely punish criminals who seriously endanger
public security and to safeguard the interests of the state and the people, it
is hereby decided:

1. In cases of criminals who cause explosions or commit murder, rape,
robbery or other crimes seriously endangering public security and who are
punishable by death, where the main facts of the crimes are clear, the
evidence is conclusive and the popular indignation is exceedingly great, they
shall be quickly brought to trial, and the restrictions provided in Article
110 of the Criminal Procedure Law regarding the time limit for the delivery to
the defendant of a copy of the bill of prosecution and the time limit for the
delivery of the summons and notices may be overstepped.

2. The time limit for appeal by the criminals listed in the preceding
paragraph and the time limit for the people's procuratorates to present a
protest shall be changed to three days from the ten days provided in Article
131 of the Criminal Procedure Law.

Appendix:
The Relevant Articles in the Criminal Procedure Law

Article 110 After a people's court has decided to open a court session,
it shall proceed with the following work:

......

(2) to deliver to the defendant a copy of the bill of prosecution of the
people's procuratorate no later than seven days before the opening of the
court session and inform the defendant that he may appoint a defender or, when
necessary, designate a defender for him;

(3) to notify the people's procuratorate of the time and place of the
court session three days before the opening of the session;

(4) to summon the parties and notify the defenders, witnesses, expert
witnesses and interpreters, with the summons and notices to be delivered no
later than three days before the opening of the court session;

......

Article 131 The time limit for an appeal or a protest against a judgment
shall be ten days and the time limit for an appeal or a protest against an
order shall be five days; the time limit shall be counted from the day after
the written judgment or order is received.