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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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If losses have been caused to State property or collective property, the People s Procuratorate may file an incidental civil action while initiating a public prosecution.
When necessary, the People s Court may seal up or distrain upon the property of the defendant.
Article 78 An incidental civil action shall be heard together with the criminal case. Only for the purpose of preventing excessive delay in a trial of the criminal case may the same judicial organization, after completing the trial of the criminal case, continue to hear the incidental civil action.
CHAPTER VIII TIME PERIODS AND SERVICE
Article 79 Time periods shall be calculated by the hour, the day and the month.
The hour and day from which a time period begins shall not be counted as within the time period.
A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.
Article 80 When a party cannot meet a deadline due to irresistible causes or for other legitimate reasons, he may, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.
A People s Court shall decide whether or not to approve the application described in the preceding paragraph.
Article 81 Summons, notices and other court documents shall be delivered to the addressee himself; if the addressee is absent, the documents may be received on his behalf by an adult member of his family or a responsible person of his unit.
If the addressee or a recipient on his behalf refuses to accept the documents or refuses to sign and affix his seal to the receipt, the person serving the documents may ask the addressee s neighbours or other witnesses to the scene, explain the situation to them, leave the documents at the addressee s residence, record on the service certificate the particulars of the refusal and the date of service and sign his name to it; the service shall thus be deemed to have been completed.
Article 82 For the purpose of this law, the definitions of the following terms are:
(1) “Investigation” means the specialized investigatory work and related compulsory measures carried out according to law by the public security organs and People s Procuratorates in the process of handling cases.
(2) “Parties” means victims, private prosecutors, criminal suspects, defendants and the plaintiffs and defendants in incidental civil actions.
(3) “Legal representatives” means the parents, foster parents or guardians of a person being represented and representatives of the State organ or public organization responsible for that person s protection;
(4) “Participants in the proceedings” means the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and interpreters;
(5) “agents ad litem” means persons entrusted by victims in cases of public prosecution and their legal representatives or near relatives and by private prosecutors in cases of private prosecution and their legal representatives to participate in legal proceedings on their behalf, and persons entrusted by parties in incidental civil actions and their legal representatives to participate in legal proceedings on their behalf.
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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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