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2. Procedures
Preparatory procedures for bringing the suspect to trial. After a suspect is arrested, his family or his unit is notified within 24 hours along with the reasons for his arrest and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.
After the police has concluded its investigation of a case, the facts should be clear and the evidence reliable and sufficient and, in addition, it shall make a written recommendation for prosecution, which shall be transferred, together with the case file and evidence, to the procuratorate at the same level for examination and decision. The procuratorate then reviews the case and makes a decision on whether to prosecute the suspect or not to prosecute the suspect.
If a decision is made to prosecute the suspect, the procuratorate then initiates a public prosecution in the court at the same level. The court will review the case prosecuted by the procuratorate. If the facts of the case are clear and the evidence is sufficient, the court can decide to open the court session for adjudication, in which the suspect is formally brought to trial.
Pre-trial incarceration conditions. Police shall interrogate a detained person within 24 hours after detention. If it is found that the person should not have been detained, he must be immediately released and issued a release certificate.
If the police consider it necessary to arrest a detained person, they can request the prosecutor to issue a warrant within three days after detention. The prosecutor must make the decision to approve or disapprove this arrest within seven days. If the prosecutor does not approve the arrest, the police are required to release the detained person immediately after receiving notice.
The time limit for holding a suspect in custody during investigation after arrest shall not exceed two months. If the case is complex and cannot be concluded within the time limit, an extension of one month may be allowed with the approval of the procuratorate at the next higher level.
Bail procedure. A suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining a guarantor pending trial.
The courts, the procuratorate and the police may allow criminal suspects or defendants under any of the following conditions to obtain a guarantor pending trial:
1) They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or
2) They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are allowed to obtain a guarantor pending trial. Such as a suspect or defendant is serious ill or a pregnant woman or a woman breast-feeding her own baby.
SENTENCING AND PENALTIES
1.Sentencing Process
The collegial panel. According to the Criminal Procedure Law of China, trials of cases of first instance in the primary and intermediate people''s courts shall be conducted by a collegial panel composed of three judges or of judges and people''s assessors totaling three.
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