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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 71 When making an arrest, a public security organ must produce an arrest warrant. Within 24 hours after an arrest, the family of the arrested person or the unit to which he belongs shall be notified of the reasons for arrest and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them. Article 72 Interrogation must be conducted within 24 hours after the arrest, by a People s Court or People s Procuratorate with respect to a person it has decided to arrest, and by a public security organ with respect to a person it has arrested with the approval of the People s Procuratorate. If it is found that the person should not have been arrested, he must be immediately released and issued a release certificate. Article 73 If a People s Court, a People s Procuratorate or a public security organ finds that the compulsory measures adopted against a criminal suspect or defendant are inappropriate, such measures shall be cancelled or modified without delay. If a public security organ releases a person arrested or substitute the measure of arrest with a different measure, it shall notify the People s Procuratorate that approved the arrest. Article 74 If a case involving a criminal suspect or defendant in custody cannot be closed within the time limit stipulated by this Law for keeping the criminal suspect or defendant under custody for the sake of investigation, for conducting examination before prosecution, or for the procedure of first or second instance and thus further investigation, verification and handling are needed, the criminal suspect or defendant may be allowed to obtain a guarantor pending trial or subjected to residential surveillance. Article 75 If the compulsory measures adopted by a People s Court, a People s Procuratorate or a public security organ exceed the time limit prescribed by law, the criminal suspect or defendant, his legal representatives, near relatives, or the lawyers or other defenders entrusted by the criminal suspect or defendant shall have the right to demand cancellation of the compulsory measures. The People s Court, the People s Procuratorate, or the public security organ shall release the criminal suspect or defendant when the compulsory measures adopted against him have exceeded the time limit prescribed by law, terminate the period for awaiting trial after obtaining a guarantor or for residential surveillance, or take different compulsory measures according to law. Article 76 If in the process of examining and approving arrests, a People s Procuratorate discovers illegalities in the investigatory activities of a public security organ, it shall notify the public security organ to make corrections, and the public security organ shall notify the People s Procuratorate of the corrections it has made. CHAPTER VII INCIDENTAL CIVIL ACTIONS Article 77 If a victim has suffered material losses as a result of the defendant s criminal act, he shall have the right to file an incidental civil action during the course of the criminal proceeding.
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本文关键词:刑事诉讼
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