中华人民共和国刑事诉讼法（修正）（三）

（1） Shall not be allowed to leave the cities， counties they live in without the permit of the executing organs；

（2） Shall present themselves in time when being summoned；

（3） Shall not interfere in any manner with witnesses in testifying； and

（4） Shall not destroy， frame up evidence or act in collusion to make confessions.

In case of violation of the stipulations of the preceding paragraph by criminal suspects or the accused being bailed out for summons， the bail already paid shall be confiscated and criminal suspects or the accused shall be ordered， according to various circumstances， to make a statement of repentance， to pay again the bail， to obtain a guarantor， or to reside under surveillance or shall be arrested. Criminal suspects or the accused who have not violate the stipulations of the preceding paragraph when being out on bail， shall be refunded the bail that has been paid on expiration of the period for bailing out for summons.

Article 57 Criminal suspects or the accused residing under surveillance shall observe the following stipulations：

（1） Shall not leave the dwelling place without the permit of the executing organs， or in absence of a fixed dwelling place， shall not leave the appointed dwelling place without the permit of the executing organs；

（2） Shall not meet other persons without the permit of the executing organs；

（3） Shall present themselves in time when being summoned；

（4） Shall not interfere in any manner with witnesses in testifying； and

（5） Shall not destroy， frame up evidence or act in collusion to make confessions.

Criminal suspects or the accused who reside under surveillance may be arrested for serious violation of the stipulations of the preceding paragraph.

Article 58 The people's courts， people's procuratorates and public security organs shall allow criminal suspects or the accused to be bailed out for summons for a maximum period of twelve months， and to reside under surveillance for a maximum period of six months.

In the period of bailing out for summons or residing under surveillance， investigation， prosecution and examination of the case shall not be suspended. In case it is found that criminal responsibility shall not be investigated， or on the expiration of the period of bailing out for summons or residing under surveillance， the bailing out for summons or residing under surveillance shall be timely removed， and criminal suspects or the accused and the units concerned shall be timely informed of such removal.

27. Article 40 is renumbered Article 60， and ``When the main facts of a crime have been ascertained'' in Paragraph is amended as：

When criminal facts have been proved by evidence，……

28. Article 41 is renumbered Article 61， and ``an active criminal deserving arrest'' is amended as：

An active criminal

Item （6） is amended into two parts to make （6） and （7）， and the amendments read：

（6） If he does not tell true name， address， and his identity is unknown；

（7） If he is strongly suspect of a runaway criminal or a criminal committing crimes repeatedly or in group.

Item （7） in the original text is deleted.

29. An article is added after Article 41 to make Article 62：

A public security organ effecting criminal detention or arrest in another area， shall inform the public security organ of that area where the person to be detained or arrested is located， and the public security organ in that area shall render coordination.

30. Article 47 is renumbered Article 68 and is amended as：

A people's procuratorate， having examined and considered the case submitted by the public security organ requesting for the approval of arrest， shall according to the circumstances make a decision on approval or disapproval of such arrest. In case of a decision on approval of such arrest， the public security organ shall promptly execute the arrest， and shall duly inform the people's procuratorate of the performance of the arrest. In case of a decision on disapproval of the arrest， the people's procuratorate shall state the reasons and， if supplementary investigation is required， shall inform the public security organ simultaneously.

31. Article 48 is renumbered Article 69， and the first paragraph is amended into three paragraphs to make Paragraphs 1， 2 and 3. The amendments read：

The public security organ， holding that it is necessary to arrest a detainee， shall， within three days after the detention， submit it to the people's procuratorate for examination and approval. Under special circumstances， the time limit for the submission may be extended by one to four days.

With regard to those who are strongly suspect of runaway criminals or of criminals committing crimes repeatedly or in group， the time limit for submission and approval may be extended to thirty days.

The people's procuratorate shall， within seven days after the day of receiving the request for approval of arrest submitted by the public security organ， make a decision on approval or disapproval of the arrest. In case of disapproval of the arrest by the people's procuratorate， the public security organ shall promptly release the detainee after receiving the notice， and shall duly inform the people's procuratorate of such release. Where further investigation is required and in conformity with the conditions for bailing out for summons or residing under surveillance， bailing out for summons or residing under surveillance shall be conducted according to law.

Paragraph 2 in the original text is deleted.

32. Three articles are added after Article 51 to make Articles 73， 74 and 75：

Article 73 The people's courts， people's procuratorates and public security organs， if finding improper compulsory measures have been taken against the criminal suspects or the accused， shall timely withdraw or make alterations. Public security organs， releasing arrested persons or making change in the measures of arrests， shall accordingly inform the people's procuratorates making the original approval.

Article 74 Where cases involving criminal suspects or the accused in custody which can not be wound up within the time limit stipulated in this Law for custody for investigation， examination and prosecution， or trial either in the first instance or in the second instance， requires continued investigation， examination or trial， the criminal suspects or the accused may be bailed out for summons or reside under surveillance.

Article 75 Criminal suspects or the accused and their legal representatives， near relatives or the lawyers and other defenders entrusted by the criminal suspects or the accused have the right to demand the removal of compulsory measures， provided the compulsory measures taken by the people's courts， people's procuratorates or public security organs exceeds the time limit stipulated by Law. The people's courts， people's procuratorates and public security organs shall， subject to the compulsory measures exceeding the prescribed time limit， release the criminal suspects or the accused， remove bailing out for summons or residing under surveillance or shall according to law change the compulsory measures.

33. Article 58 is renumbered Article 82 and Item （2） is amended as：

（2） Parties refer to the victim， private prosecutor， criminal suspect， the accused， and the plaintiff and defendant in incidental civil action.

Item （4） is amended as：

（4） Participants to litigation refer to the parties， legal representatives， agents ad litem， defenders， witnesses， expert witnesses and interpreters.

An item is added to make Item （5）， reading：

（5） Agents ad litem refer to the persons entrusted by the victims or their legal representatives or near relatives to participate on their behalf in the proceedings of public prosecutions， or persons entrusted by the prosecutors or their legal representatives to participate on their behalf in the proceedings of private prosecutions， or the persons entrusted by the parties or their legal representatives to participate on their behalf in the proceedings of an incidental civil action.

Item （5） in the original text is renumbered Item （6）。

34. Prior to the public prosecution submitted to the people's court， the title of ``the accused'' referred to in the original text is amended as ``criminal suspect''.

The stipulation of ``accusation'' in Chapter I， Part Two is amended as ``information of a case.''

35. An article is added before Article 59 to make Article 83：

The public security organs or people's procuratorates shall， upon discovering criminal facts or criminal suspect， file a case and conduct investigation according to their respective jurisdiction.

36. Article 59 is renumbered Article 84 and is amended as：

Any units and individuals shall， upon discovering criminal facts or criminal suspects， have the right and duty to make a report on a case or to give information of a case to a public security organ， people's procuratorate or people's court.

The victim has the right to report the case to or lodge their complaints with the public security organ， people's procuratorate or people's court in respect of the infringement on their personal or property rights.

Public security organ， people's procuratorate or people's court shall accept the report on a case or complaint or the information of a case， which， if not coming within their own jurisdiction， shall be referred to the competent organs for disposal， and the reporter of a case， complainant， informer shall be notified accordingly； and which， meriting emergent measures though not coming within their own jurisdiction， shall be handled with emergent measures before they are referred to the competent organs.

In case offenders present themselves before the public security organs， people's procuratorates or people's courts， the stipulations of Paragraph 3 shall apply.

37. Article 60 is renumbered Article 85， and Paragraph 3 is amended as：

Public security organs， people's procuratorates or people's courts shall guarantee the safety of reporter of a case， complainant， informer and their near relatives， and shall keep them confidential， if a case reporter， complainant or informer do not wish to make open to the public their names and the acts to make report， accuse and give information.

38. Two articles are added after Article 61 to make Articles 87 and 88：

Article 87 Where a people's procuratorate finds that a case which should be filed with a public security organ for investigation has not been filed for investigation， or it is submitted to a people's procuratorate by the victim that the case should be filed with a public security organ for investigation but has not been filed for investigation， the people's procuratorate shall request the public security organ to state the reason for not filing the case with it. The people's procuratorate， submitting that the reason for not filing the case by the public security organ is unsustainable， shall notify the public security organ to file the case and the public security organ shall file the case upon receiving the notice.

Article 88 The victim in private prosecution has the right to lodge the prosecution directly to a people's court. In case the victim has died or lost the capability to conduct its right， his legal representative and near relatives have the right to initiate the prosecution in the people's court which shall accept the case according to law.

39. A section is added in Chapter II， Part Two to make Section 1：

Section 1 General Provisions

Article 89 A public security organ， having filed a criminal case， shall conduct investigations， collect or obtain by order evidence proving guilt or innocence of a criminal suspect or minor or serious crimes. An active criminal or major criminal suspect may be detained in advance according to law， and a criminal suspect in conformity with the conditions for arrest shall be arrested according to law.

Article 90 The public security organ， having conducted investigations into the case in which criminal facts have been proved by evidence， shall conduct preliminary examination to verify the evidence collected or obtained by order.

40. Article 63 is renumbered Article 92 and is amended as：

A criminal suspect， who need not be arrested or detained， may be summoned to and interrogated at a designated place in a city or county the criminal suspect is located or interrogated at his residence， and at the interrogation the certificate issued by a people's procuratorate or public security organ shall be produced.

The interrogation made to a criminal suspect summoned or summoned by warrant shall not exceed a continuous period of twelve hours or the criminal suspect shall not be subject to a disguised detention by continuous summons or summons by warrant.

41. An article is added after Article 66 to make Article 96：

A criminal suspect may， after the first interrogation by the investigatory organ or from the day of the compulsory measures to be taken， retain a lawyer to provide him with legal consultancy or act on his behalf to make petition or complaints. The lawyer retained by the arrested criminal suspect may apply for the suspect for bailing out for summons. In cases involving the state secrets， the retaining of a lawyer by the criminal suspect shall be approved by the investigatory organ.

The lawyer retained has the right to be informed by the investigatory organ of the crimes of the criminal suspect， and may meet the criminal suspect in custody and obtain from the suspect information on the case concerned. When the lawyer meets the criminal suspect in custody， the investigatory organ may have its personnel present at the meeting according to the circumstances of the case and necessity. In cases involving the state secrets， the meeting by the lawyer with the criminal suspect in custody shall be approved by the investigatory organ.

42. Article 68 is renumbered Article 98， with the addition of a