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| 中华人民共和国刑事诉讼法（英文版）（上） |
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| http://www.dffy.com 2007-1-19 17:18:57 来源：东方法眼 |
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Article 66 When a public security organ wishes to arrest a criminal suspect, it shall submit a written request for approval of arrest together with the case file and evidence to the People s Procuratorate at the same level for examination and approval. When necessary, the People s Procuratorate may send procurators to participate in the public security organ s discussion of a major case.
Article 67 The chief procurator shall make the decision on a People s Procuratorate s examination and approval of the arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 68 After a People s Procuratorate has examined a case with respect to which a public security organ has submitted a request for approval of arrest, it shall decide according to the circumstances of the case either to approve the arrest or disapprove the arrest. If it decides to approve the arrest, the public security organ shall execute it immediately and inform the People s Procuratorate of the result without delay. If the People s Procuratorate disapproves the arrest, it shall give its reasons therefor; and if it deems a supplementary investigation necessary, it shall at the same time notify the public security organ of the need.
Article 69 If the public security organ deems it necessary to arrest a detainee, it shall, within three days after the detention, submit a request to the People s Procuratorate for examination and approval. Under special circumstances, the time limit for submitting a request for examination and approval may be extended by one to four days.
As to the arrest of a major suspect involved in crimes committed from one place to another, repeatedly, or in a gang, the time limit for submitting a request for examination and approval may be extended to 30 days.
The People s Procuratorate shall decide either to approve or disapprove the arrest within seven days from the date of receiving the written request for approval of arrest submitted by a public security organ. If the People s Procuratorate disapproves the arrest, the public security organ shall, upon receiving notification, immediately release the detainee and inform the People s Procuratorate of the result without delay. If further investigation is necessary, and if the released person meets the conditions for obtaining a guarantor pending trial or for residential surveillance, he shall be allowed to obtain a guarantor pending trial or subjected to residential surveillance according to law.
Article 70 If the public security organ considers the People s Procuratorate s decision to disapprove an arrest to be incorrect, it may request a reconsideration but must immediately release the detainee. If the public security organ s opinion is not accepted, it may request a review by the People s Procuratorate at the next higher level. The People s Procuratorate at the higher level shall immediately review the matter, decide whether or not to make a change and notify the People s Procuratorate at the lower level and the public security organ to implement its decision.
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本文关键词：刑事诉讼
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编辑：李富金 |
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