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全国人民代表大会常务委员会关于迅速审判严重危害社会治安的犯罪

分类: 法律英语 
 

(Adopted at the Second Meeting of the Standing Committee of the Sixth National People's Congress and promulgated for implementation by Order No.4 of the President of the People's Republic of China on September 2, 1983)(Editor's note: This Decision was annulled by the Decision of the National People's Congress on Amendments 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:19830902  实施日期:19830902  失效日期:19970101  颁布单位:全国人大常委会

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

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