全国人民代表大会常务委员会关于刑事案件办案期限的补充规定
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(Adopted at the Sixth Meeting of the Standing1 Committee of the Sixth National People's Congress, promulgated2 for implementation4 by Order No.15 of the President of the People's Republic of China on July 7, 1984, and effective as of July 7, 1984) (Editor's Note: These Provisions were annulled5 by the Decision of the National People's Congress on Amendments6 of the Criminal Procedure Law of the People's Republic of China promulgated on March 17, 1996 and effective as of January 1, 1997)
时效性:失效  颁布日期:19840707  实施日期:19840707  失效日期:19970101  颁布单位:全国人大常委会

  The time limits for handling criminal cases prescribed by the Criminal Procedure Law in the spirit of shortening the time limits as much as possible and guaranteeing the citizens' right of the person are both appropriate and correct. The public security organs and judicial7 organs shall continue to improve their work, raise the quality of case-handling and work efficiency, conscientiously8 implement3 the time limits for case-handling prescribed by the Criminal Procedure Law and, in a practical manner, strive to shorten the time limits as much as possible. Meanwhile, the following supplementary9 provisions are made in order to solve certain special, concrete problems which have arisen in the process of implementation.

  1. In the event that major cases involving crimes committed by a group or major and complex cases involving persons going from place to place committing crimes cannot be concluded within the time limit for holding a defendant10 in custody11 during investigation12 as stipulated13 in Paragraph 1 of Article 92 of the Criminal Procedure Law, or within the time limit for trial in a case of first instance as stipulated in Article 125, or within the time limit for trial in a case of second instance as stipulated in Article 142, the time limit for holding the defendant in custody during investigation may be extended by two months upon approval or decision by the people's procuratorates of provinces, autonomous14 regions, or municipalities directly under the Central Government, and the time limit for trial in cases of first and second instance may be extended by one month upon approval or decision by the higher people's courts of provinces, autonomous regions, or municipalities directly under the Central Government.

  2. In the event that major and complex criminal cases in remote areas with extremely poor communications cannot be concluded within the time limit stipulated in the Criminal Procedure Law for holding the defendant in custody during investigation or within the time limit for trial in a case of first or second instance, the time limit for case-handling may be appropriately extended. The extension of the time limit for case-handling and the measures for its examination and approval shall be dealt with in pursuance of item (1) above.

  When the time limit for case-handling may be extended in remote areas with extremely poor communications, such areas shall be designated by the standing committees of the people's congresses of the relevant provinces or autonomous regions.

  3. If in the course of investigation the defendant is found to have committed other serious crimes, supplementary investigation may be conducted upon approval of or decision by the people's procuratorate, and the time limit for holding the defendant in custody during investigation may be calculated a new.

  4. A defendant held in custody who is subject to investigation, prosecution15 or trial in a case of first or second instance which cannot be concluded within the time limit stipulated in the Criminal Procedure Law and who, if permitted to obtain a guarantor pending16 trial or to live at home under surveillance, will pose no threat to society may obtain a guarantor pending trial or live at home under surveillance. The period during which he obtains a guarantor pending trial or lives a them under surveillance shall not be counted in the time limit for case-handling as stipulated in the Criminal Procedure Law, but the hearing of the case shall not be suspended.

  5. In the event of a case of public prosecution reviewed and brought by the people's procuratorates and heard by a people's court where the defendant is not held in custody, the handling of the case is not subject to the restriction17 of the time limits stipulated in Articles 97, 125 and 142 of the Criminal Procedure Law, but the hearing of the case shall not be suspended.

  6. In the event a case of public prosecution over which a people's procuratorate or people's court has jurisdiction18 is transferred, the time limit for case-handling shall be reckoned from the date when the new case-handling organ receives the case.

  7. In the event a people's court has returned a case to a people's procuratorate for supplementary investigation, the latter shall complete the supplementary investigation within one month. After supplementary investigation has been completed and the case has been returned to the people's court, the court shall calculate anew the time limit for case-hearing.

  8. Where a people's court of second instance returns a case for retrial to the people's court which originally handled the case, the latter people's court shall calculate anew the time limit for case-hearing from the date it receives the returned case.

  9. The time period during which a defendant undergoes examination for determination of mental illness shall not be counted in the time limit for case-handling.

  10. These Provisions shall go into effect on the day of their promulgation19.

  Appendix: The Relevant Articles in the Criminal Procedure Law

  Article 92 The time limit for holding a defendant in custody during investigation shall not exceed two months. If the circumstances of a case are complex and the case cannot be concluded before the expiration20 of that period, an extension of one month may be allowed with the approval of the people's procuratorate at the next higher level.

  In the event a particularly grave and complicated case still cannot be concluded within the extension period provided in the preceding paragraph, the Supreme21 People's Procuratorate shall request the Standing Committee of the National People's Congress to approve a postponement22 of the hearing of the case.

  Article 97 A people's procuratorate shall make a decision within one month on a case that a public security organ has transferred to it with a recommendation to initiate23 a public prosecution or exempt24 it from prosecution; an extension of half a month may be allowed for major and complicated cases.

  Article 125 A people's court shall pronounce judgment25 on a case of public prosecution within one month, or one and a half months at the latest, after accepting it for trial.

  Article 142 A people's court of second instance shall conclude the trial of a case of appeal or protest within one month, or one and a half months at the latest, after accepting it for trial.



点击收听单词发音收听单词发音  

1 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
2 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
3 implement WcdzG     
n.(pl.)工具,器具;vt.实行,实施,执行
参考例句:
  • Don't undertake a project unless you can implement it.不要承担一项计划,除非你能完成这项计划。
  • The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。
4 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
5 annulled 6487853b1acaba95e5982ede7b1d3227     
v.宣告无效( annul的过去式和过去分词 );取消;使消失;抹去
参考例句:
  • Their marriage was annulled after just six months. 他们的婚姻仅过半年就宣告取消。
  • Many laws made by the former regime have been annulled. 前政权制定的许多法律被宣布无效。 来自《简明英汉词典》
6 amendments 39576081718792f25ceae20f3bb99b43     
(法律、文件的)改动( amendment的名词复数 ); 修正案; 修改; (美国宪法的)修正案
参考例句:
  • The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
  • Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。
7 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
8 conscientiously 3vBzrQ     
adv.凭良心地;认真地,负责尽职地;老老实实
参考例句:
  • He kept silent,eating just as conscientiously but as though everything tasted alike. 他一声不吭,闷头吃着,仿佛桌上的饭菜都一个味儿。 来自《简明英汉词典》
  • She discharged all the responsibilities of a minister conscientiously. 她自觉地履行部长的一切职责。 来自《简明英汉词典》
9 supplementary 0r6ws     
adj.补充的,附加的
参考例句:
  • There is a supplementary water supply in case the rain supply fails.万一主水源断了,我们另外有供水的地方。
  • A supplementary volume has been published containing the index.附有索引的增补卷已经出版。
10 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
11 custody Qntzd     
n.监护,照看,羁押,拘留
参考例句:
  • He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
  • He was taken into custody immediately after the robbery.抢劫案发生后,他立即被押了起来。
12 investigation MRKzq     
n.调查,调查研究
参考例句:
  • In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
  • He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。
13 stipulated 5203a115be4ee8baf068f04729d1e207     
vt.& vi.规定;约定adj.[法]合同规定的
参考例句:
  • A delivery date is stipulated in the contract. 合同中规定了交货日期。
  • Yes, I think that's what we stipulated. 对呀,我想那是我们所订定的。 来自辞典例句
14 autonomous DPyyv     
adj.自治的;独立的
参考例句:
  • They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。
  • This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。
15 prosecution uBWyL     
n.起诉,告发,检举,执行,经营
参考例句:
  • The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
  • He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。
16 pending uMFxw     
prep.直到,等待…期间;adj.待定的;迫近的
参考例句:
  • The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。
  • He knew my examination was pending.他知道我就要考试了。
17 restriction jW8x0     
n.限制,约束
参考例句:
  • The park is open to the public without restriction.这个公园对公众开放,没有任何限制。
  • The 30 mph speed restriction applies in all built-up areas.每小时限速30英里适用于所有建筑物聚集区。
18 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
19 promulgation d84236859225737e91fa286907f9879f     
n.颁布
参考例句:
  • The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。 来自《简明英汉词典》
  • Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。 来自经济法规部分
20 expiration bmSxA     
n.终结,期满,呼气,呼出物
参考例句:
  • Can I have your credit card number followed by the expiration date?能告诉我你的信用卡号码和它的到期日吗?
  • This contract shall be terminated on the expiration date.劳动合同期满,即行终止。
21 supreme PHqzc     
adj.极度的,最重要的;至高的,最高的
参考例句:
  • It was the supreme moment in his life.那是他一生中最重要的时刻。
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
22 postponement fe68fdd7c3d68dcd978c3de138b7ce85     
n.推迟
参考例句:
  • He compounded with his creditors for a postponement of payment. 他与债权人达成协议延期付款。
  • Rain caused the postponement of several race-meetings. 几次赛马大会因雨延期。
23 initiate z6hxz     
vt.开始,创始,发动;启蒙,使入门;引入
参考例句:
  • A language teacher should initiate pupils into the elements of grammar.语言老师应该把基本语法教给学生。
  • They wanted to initiate a discussion on economics.他们想启动一次经济学讨论。
24 exempt wmgxo     
adj.免除的;v.使免除;n.免税者,被免除义务者
参考例句:
  • These goods are exempt from customs duties.这些货物免征关税。
  • He is exempt from punishment about this thing.关于此事对他已免于处分。
25 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
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