Criminal Procedure Law: People’s Republic of China

(October 26, 2018)

Part One     General Provisions
Chapter I     Aim and Basic Principles
Chapter II    JurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.
Chapter III   Recusal
Chapter IV   Defense and Representation
Chapter V    EvidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023
Chapter VI   Compulsory Measures
Chapter VII   Incidental Civil Actions
Chapter VIII  TimeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) Limits and Service
Chapter IX   Other Provisions

Part Two     Filing a Case, InvestigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed., and Public Prosecution
Chapter I     Filing a Case
Chapter II    Investigation
Section 1   General Provisions
Section 2   Interrogation of Criminal Suspects
Section 3   Questioning of Witnesses
Section 4   Inquest and Examination
Section 5   Search
Section 6   Sealing and Seizure of Physical Evidence and Documentary Evidence
Section 7   Expert Evaluation
Section 8   Technical Investigative Measures
Section 9   Wanted Orders
Section 10  Conclusion of Investigation
Section 11  Investigation of Cases Directly Accepted by People’s Procuratorates
Chapter III   Initiation of Public Prosecution

Part Three   Trial
Chapter I    Trial Organizations
Chapter II    Procedure of First Instance
Section 1   Cases of Public Prosecution
Section 2   Cases of Private Prosecution
Section 3   Summary ProcedureSummary judgment In an application for summary judgment, the claimant has to show that he has a prima facie case for summary judgment, following which the burden shifts to the defendant to show that there is a fair or reasonable probability that he has a real or bona fide defence. It will only be granted if the court is satisfied that all the defences raised by the defendant to resist the application are “wholly unsustainable”.  Leave to defend would ordinarily be granted where triable issues or questions are militating in favour of a full evaluation of the evidence and arguments. However, mere assertions by a defendant which are equivocal, or lacking in precision, or are inconsistent with undisputed contemporary documents or other statements, or are inherently improbable would not be sufficient for a court to grant leave to defend.
Section 4   Expedited Trial Procedure
Chapter III   Procedure of Second Instance
Chapter IV   Procedure for Death Sentence Review
Chapter V    Procedure for Trial Supervision

Part Four     Execution
Part Five     Special Procedures
Chapter I     Procedure for Juvenile Delinquency Cases
Chapter II    Procedure for a Publicly Prosecuted Case Where the Parties Reaches a Settlement
Chapter III    Procedure for Trial in Absentia
Chapter IV    Procedure for Confiscating Illegal Gains Involved in a Case Where the Criminal Suspect or Defendant Escapes, Hides or is Dead
Chapter V     Procedure for Compulsory Medical Treatment of a Mental Patient Who does not Bear Criminal responsibility According to LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis.
Supplementary Provisions

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(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979; amended for the first time in according with the Decision on Amending the Criminal Procedure Law of the People’s RepublicRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of  Indian judges, presidential power is a vanishing point. of China adopted at the Forth Session of the Eighth National People’s Congress on March 17, 1996; amended for the second time in accordance with the Decision on Amending the Criminal Procedure Law of the People’s Republic of China adopted at the Fifth Session of the Eleventh National People’s Congress on March 14, 2012; amended for the third time in accordance with the Decision on Amending the Criminal Procedure Law of the People’s Republic of China adopted at the 6th Meeting of the Standing Committee of the Thirteenth National People’s Congress on October 26, 2018)