Provisions of the People's Procuratorate on the Hearing of Review Cases
Chapter One General Provisions
Article 1 In order to deepen the performance of legal supervision responsibilities, further strengthen and standardize the people’s procuratorate’s review of cases by means of hearings, effectively promote judicial openness, ensure judicial fairness, enhance judicial credibility, implement legal popularization responsibilities, and promote conflict resolution. The Organization Law of the Procuratorate and other legal provisions have formulated these provisions in accordance with the actual procuratorial work.
Article 2 The hearings in these regulations refer to the case review activities of the People's Procuratorate in organizing hearings for qualified cases to hear the opinions of hearing officers and other participants on issues such as fact finding, law application and case handling.
Article 3 The People's Procuratorate shall maintain an objective and fair position when reviewing cases by hearing, based on facts, and the law as the criterion, so as to combine the independent exercise of procuratorial power in accordance with the law and the protection of the people’s right to know, participate, and supervise.
Article 4 The People’s Procuratorate handles cases of necessity review of custody, cases of non-prosecution, criminal appeal cases, civil litigation supervision cases, administrative litigation supervision cases, public interest litigation cases, etc., and there are major issues in fact identification, law application, case handling, etc. If a dispute or major social impact needs to be heard face-to-face, a hearing may be held with the approval of the chief prosecutor.
If the People's Procuratorate handles the review of arrest cases and needs to verify and assess whether the criminal suspect is of social danger and whether he has the conditions for social assistance and education, a hearing may be held.
Article 5 Hearings for non-prosecution cases, criminal appeal cases, civil litigation supervision cases, administrative litigation supervision cases, and public interest litigation cases are generally held in public.
The hearings for reviewing arrest cases, detention necessity review cases, and cases where the parties are minors are generally not held in public.
Chapter II Participants of the Hearing
Article 6 The People’s Procuratorate shall determine the participants of the hearing based on the specific circumstances of the case.
Participants in the hearing may include the parties to the case and their legal representatives, agents ad litem, defenders, third parties, relevant case-handling personnel, witnesses and appraisers, and other relevant personnel in addition to the hearing personnel.
Article 7: The People’s Procuratorate may invite public persons who have no interest in the case and who meet the following conditions as hearing officers:
(1) Chinese citizens who have reached the age of 23;
(2) Support the Constitution and laws of the People's Republic of China;
(3) Observing discipline and law, good conduct, fairness and integrity;
(4) Have the physical conditions to perform duties normally.
Under any of the following circumstances, you may not serve as a hearing officer:
(1) Have received criminal punishment;
(2) Dismissed from public office;
(3) The practice certificate of lawyers or notaries has been revoked;
(4) Other serious violations of laws and disciplines that may affect judicial justice.
There are usually three to seven hearing officers participating in the hearing.
Article 8: The people’s procuratorate may invite people’s supervisors to participate in the hearing and accept the supervision of the people’s supervisors in accordance with relevant regulations.
Chapter III Hearing Procedure
Article 9 The People's Procuratorate may decide to hold a hearing according to the needs of case handling.
Where the parties and their defenders and agents apply to the People’s Procuratorate that is examining the case for a hearing, the People’s Procuratorate shall make a timely decision and notify the applicant.
If the hearing is not agreed, the reason shall be explained to the applicant.
Article 10 If the People's Procuratorate decides to hold a hearing, it shall make the following preparations:
(1) Develop a hearing plan and determine the participants of the hearing;
(2) Informing the participants of the hearing of the cause of the case, time and place of the hearing three days before the hearing;
(3) Informing the parties of the names and identities of the prosecutors and hearing officers who presided over the hearing;
(4) If the hearing is public, an announcement of the hearing shall be issued.
Article 11 After the hearing officer is determined, the People's Procuratorate shall introduce the case, the issues that require the hearing, and relevant legal provisions to the hearing officer.
Article 12 Hearings are generally held in the procuratorate hearing room of the People's Procuratorate.
In special circumstances, it can also be held in other venues with the approval of the chief prosecutor.
The setting of seats for the hearing shall be implemented in accordance with relevant regulations.
Article 13 The hearing is generally presided over by the prosecutor handling the case or the lead prosecutor of the case handling team.
The chief procurator or the person in charge of a professional agency shall serve as the moderator if he undertakes a case.
Article 14 Before the hearing begins, the People's Procuratorate shall confirm whether the hearing officers, parties and other participants are present, and announce the procedures and discipline of the hearing.
Article 15 Hearings are generally conducted according to the following steps:
(1) The prosecutor handling the case introduces the situation of the case and the issues that require a hearing;
(2) The parties and other participants separately explain the situation on the issues that require hearings;
(3) The hearing officer asks questions of the parties or other participants;
(4) The host announces the adjournment of the meeting, and the hearing officer discusses the hearing matters;
(5) When the chairperson announces the resumption of the meeting, according to the circumstances of the case, the hearing officer or representative of the hearing officer may express opinions;
(6) The parties make final statements;
(7) The moderator summarizes the hearing.
Article 16 The opinions of the hearing officers are an important reference for the People's Procuratorate in handling cases according to law.
If the majority opinion of the hearing officer is not to be adopted, it shall report to the chief prosecutor and make a decision after approval.
Article 17: After the People’s Procuratorate has fully listened to the opinions of all parties, based on the facts, evidence, and relevant laws and regulations that have been ascertained, it can make a decision on the spot, the chairperson of the hearing shall announce the decision on the spot and explain the reasons; if the decision cannot be made on the spot It shall make a decision in accordance with the law after the hearing, announce and serve it to the parties, and inform the hearing officer of the decision and reasons.
Article 18 The hearing process shall be recorded by the clerk, and the whole process shall be recorded and recorded.
The hearing transcript shall be signed or sealed by the host of the hearing, the prosecutor in charge, the participants of the hearing and the recorder.
The transcript should be included in the case file.
Article 19 For public hearings, citizens may apply for observation, and the People’s Procuratorate may invite the media to listen.
With the approval of the chief procurator, the People’s Procuratorate may use the China Procuratorial Hearing Network and other public media to broadcast live or record the hearings in graphics, text, audio and video.
The relevant technologies and work specifications involved in the live broadcast and recording of public hearings shall be implemented in accordance with relevant regulations.
Article 20 The period of the hearing shall be included in the time limit for handling the case.
Chapter IV Supplementary Provisions
Article 21 The expenses for the hearing activities of the People's Procuratorate shall be implemented in accordance with the relevant provisions of the People's Procuratorate's Financial Management Measures, and the parties shall not be charged.
Article 22 Those who participate in the closed hearing shall strictly abide by the relevant confidentiality regulations.
Anyone who deliberately or negligently discloses state secrets, commercial secrets, or case-handling secrets shall be investigated for the disciplinary and legal responsibilities of the responsible persons in accordance with discipline and law.
Article 23 These regulations shall come into force on the date of promulgation.
If the relevant regulatory documents previously issued by the Supreme People's Procuratorate are inconsistent with these regulations, these regulations shall prevail.