(Adagreed at the 47th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on January 13, 2016)

Chapter I General Provisions

　　Article 1 In order to strengthen and standardize the examination of the necessity of detention, safeguard the legitimate rights and interests of arrested criminal suspects and defendants, and ensure the smooth progress of criminal proceedings, these Provisions are formulated in accordance with the Criminal Procedure Law of the the People's Republic of China People's Procuratorate and the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation) and other relevant provisions in light of the actual procuratorial work.

　　Article 2 The review of the necessity of detention refers to the people's procuratorate's review of the necessity of continued detention of the arrested criminal suspect or defendant in accordance with Article 93 of the the People's Republic of China Criminal Procedure Law, and the supervision of the case-handling organ to release or change the compulsory measures if it is not necessary to continue detention.

　　Article 3 The review of the necessity of detention shall be handled by the criminal execution procuratorial department of the people's procuratorate at the same level corresponding to the case-handling agency, and the investigation and supervision, public prosecution, investigation, case management, procuratorial technology and other departments shall cooperate.

　　Article 4 The acceptance, filing, closing, release or change of compulsory measures of a case for the examination of the necessity of detention shall be registered, transferred and handled in the unified business application system of the procuratorial organ in accordance with the relevant provisions. The case management department shall manage, supervise and warn the time limit for handling cases, the procedures for handling cases and the quality of handling cases after the case is filed.

　　Article 5 In the process of handling a case of examination of the necessity of custody, state secrets, commercial secrets and personal privacy shall be kept confidential.

　　Article 6 The People's Procuratorate shall examine the necessity of custody and shall not abuse its right of suggestion to affect the conduct of criminal proceedings according to law.

Chapter II Case Filing

第Article 7 Where a criminal suspect, defendant and his legal representative, close relatives or defender apply for a review of the necessity of detention, they shall state the reasons why they do not need to continue to be detained. If there are relevant certification materials, they shall be provided together.

　　Article 8 the application for examination of the necessity of detention shall be uniformly accepted by the criminal execution procuratorial department of the people's Procuratorate at the same level corresponding to the case handling organ.

　　After receiving the application for examination of the necessity of detention, the prosecution and case management departments of the people's procuratorate at the same level corresponding to the case handling organ shall transfer it to the criminal enforcement procuratorial department of this court within one working day.

　　If other people's procuratorates receive an application for examination of the necessity of detention, they shall inform the applicant to submit an application to the people's procuratorate at the same level corresponding to the case-handling organ, or transfer the application materials to the people's procuratorate at the same level corresponding to the case-handling organ within two working days, and inform the applicant.

　　Article 9 After receiving the application materials, the criminal execution procuratorial department shall conduct a preliminary review and put forward an opinion on whether to file a case for review within three working days.

Article 10 The criminal execution procuratorial department shall, through the unified business application system of the procuratorial organ, timely inquire about the approval or decision, change or revocation of the arrest measures of the court.

　　Article 11 The criminal enforcement procuratorial department shall, in accordance with its functions and powers, conduct a preliminary examination of the necessity of detention of a criminal suspect or defendant whose arrest has been approved by the court and decided by the people's court at the same level.

　　Article 12 After the first trial, if the criminal suspect or defendant may have one of the circumstances of Article 17 and Article 18 of these regulations, the prosecutor shall prepare a report on filing a case, which shall be approved by the chief prosecutor or the deputy chief prosecutor in charge. File the case.

　　For an application that has no reason or is obviously untenable, or if the people's procuratorate fails to provide new supporting materials after examination or applies again without new reasons, the prosecutor shall decide not to file the case and inform the applicant in writing.

Chapter III Examination

　　Article 13 When examining the necessity of custody, the people's procuratorate may adopt the following methods:

　　(I) Examining the reasons and supporting materials that the criminal suspect or defendant does not need to continue to be detained;

　　(II) To hear the opinions of criminal suspects, defendants and their legal representatives and defenders;/span>

　　(III) To hear the opinions of the victims, their legal representatives and their agents ad litem to find out whether a settlement agreement has been reached;

　　(IV) Listen to the opinions of the organs handling cases at the present stage;

　　(V) Listen to the opinions of the investigation supervision department or the public prosecution department;

　　(VI) Investigate and verify the physical condition of the criminal suspect or defendant;

　　(VII) Other ways.

　　Article 14 A people's procuratorate may conduct a public examination of a case in which the necessity of detention is examined. However, cases involving state secrets, commercial secrets and personal privacy are excluded.

　　People's congress deputies, CPPCC members, people's supervisors, and special prosecutors who have no interest in the case may be invited to participate in the public review.

　　Article 15 The people's procuratorate shall comprehensively assess whether it is necessary to continue to detain the criminal suspect or defendant on the basis of the facts of the suspected crime, subjective malignancy, repentance, physical condition, the progress of the case, the possible penalty and the danger of endangering society.

　　Article 16 To assess whether a criminal suspect or defendant is necessary to continue to be detained, a quantitative method may be adopted, and specific criteria such as bonus items, deduction items, and rejection items may be set. The scores of criminal suspects and defendants can be used as a reference for comprehensive evaluation.

　　Article 17: After the review of the necessity of custody, if a criminal suspect or defendant is found to have one of the following circumstances, a proposal for release or change of compulsory measures shall be made to the case-handling agency:

　　(I) The evidence of the case has changed significantly, and there is no evidence to prove that there are criminal facts or that the criminal act was committed by the criminal suspect or defendant;

　(II) If the facts or circumstances of the case change, the criminal suspect or defendant may be sentenced to criminal detention, public surveillance, independent application of additional punishment, exemption from criminal punishment or acquittal;

　　　(III) If the criminal suspect or defendant continues to be detained, the period of detention will exceed the sentence that may be imposed according to law;

　　(IV)The facts of the case are basically found out, the evidence has been collected and fixed, and the conditions for obtaining a guarantor pending trial or residential surveillance are met.

　　Article 18: After reviewing the necessity of custody, it is found that the criminal suspect or defendant has one of the following circumstances and has shown repentance. If the detention does not cause social danger, the release or change of compulsory measures may be proposed to the case-handling agency. Suggest:

　　(I) A preparatory or discontinuing offence;

　　(II) An accessory or an accessory under duress in a joint crime;

　　　(III) Criminal negligence;

　　(IV) Overdefended or overaverted;

　(V) First offender with less subjective malignancy;

　　(VI) Is a minor or a person who has reached the age of 75;

　　(VII) Having voluntarily reached a settlement agreement with the victim in accordance with the law, and having performed or provided a guarantee;

　　(VIII) Suffering from serious diseases and unable to take care of themselves;

　　(IX) Women who are pregnant or breastfeeding their own babies;

　　 (X) It is the sole dependant of those who cannot take care of themselves;

　　(11) likely to be sentenced to fixed-term imprisonment of not more than one year or to have a suspended sentence;

　　(12) other circumstances in which it is not necessary to continue to detain criminal suspects or defendants.

　　Article 19 A detention necessity review report shall be prepared for handling a detention necessity review case, which shall state the basic information of the criminal suspect or defendant, the brief information of the original case and the stage of the proceedings, the reasons and evidence for filing the case, the handling situation, and the review opinions.

Chapter IV Cconclusion of the case

　　Article 20 When handling a case for review of the necessity of custody, a decision shall be made within ten working days after the filing of the case whether to propose a proposal for release or change of compulsory measures. If the case is complicated, it can be extended by five working days.

　　Article 21 if, after examination, it is considered that it is not necessary to continue to be detained, the public prosecutor shall, with the approval of the chief procurator or the deputy chief procurator in charge, issue a proposal for release or change of compulsory measures to the case-handling organ in the name of this court, and require the case-handling organ to reply to the handling situation within 10 days.

　　The proposal for the release or change of compulsory measures shall state the reasons and legal basis for not needing to continue to detain the criminal suspect or defendant.

Article 22 The people's procuratorate shall follow up the handling of the case-handling organ's proposal on the release or change of compulsory measures.

If the case-handling agency fails to respond to the handling situation within ten days, it may report to the chief prosecutor or the deputy chief prosecutor in charge for approval, and issue a notice to correct the violation in the name of this court, requesting it to respond in a timely manner.

　　Article 23 If, after examination, it is deemed necessary to continue to be detained, the prosecutor shall decide to close the case and notify the case-handling organ.

　　Article 24 For a case filed for review in accordance with the application, the People's Procuratorate shall promptly inform the applicant in writing of the recommendations and the handling of the case by the case-handling agency, or the necessary review opinions and reasons for continuing detention.

　　Article 25 The criminal execution procuratorial department shall promptly notify the investigation supervision, public prosecution, investigation and other departments of the court of the review, suggestions and handling of the case through the unified business application system of the procuratorial organ.

Chapter V Supplementary Provisions

第Article 26 With regard to a case under investigation or examination and prosecution by a procuratorial organ, if the criminal enforcement procuratorial department conducts an examination of the necessity of custody, it shall be handled with reference to these provisions.

Article 27 Where the people's procuratorate conducts a review of the necessity of detention in accordance with the recommendations of the detention center, it shall refer to the procedures for conducting a review of the necessity of detention in accordance with the application.

　　Article 28: Prosecutors handling cases for the review of the necessity of detention shall be included in the judicial case handling supervision system of the procuratorial agency. Those who violate discipline and law, such as accepting bribes, dereliction of duty, abuse of power, bending the law for personal gain, or divulging state secrets, shall be dealt with seriously in accordance with discipline and law; constitute If a crime, criminal responsibility shall be investigated according to law.

　　Article 29 The present Provisions shall be implemented on a trial basis as of the date of promulgation.