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中华人民共和国刑事诉讼法(英文版)(上)

http://www.dffy.com 2007-1-19 17:18:57 来源:东方法眼

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  SECTION 6 SEIZURE OF MATERIAL EVIDENCE AND DOCUMENTARY EVIDENCE
  Article 114 Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect s guilt or innocence shall be seized. Articles and documents which are irrelevant to the case may not be seized.
  Seized articles and documents shall be properly kept or sealed for safekeeping and may not be utilized or damaged.
  Article 115 All seized articles and documents shall be carefully checked by the investigators jointly with the eyewitnesses and the holder of the articles; a detailed list shall be made in duplicate on the spot and shall be signed or sealed by the investigators, the eyewitnesses and the holder. One copy of the list shall be given to the holder, and the other copy shall be kept on file for reference.
  Article 116 If the investigators deem it necessary to seize the mail or telegrams of a criminal suspect, they may, upon approval of a public security organ or a People s Procuratorate, notify the post and telecommunications offices to check and hand over the relevant mail and telegrams for seizure.
  When it becomes unnecessary to continue a seizure, the post and telecommunications offices shall be immediately notified.
  Article 117 The People s Procuratorates and the public security organs may, as required by investigation of crimes, inquire into or freeze criminal suspects deposits or remittances according to regulations.
  If the deposits or remittances of the criminal suspects have been frozen, they shall not be frozen for a second time.
  Article 118 If any seized articles, documents, mail, telegrams or frozen deposits and remittances are proved through investigation to be truly irrelevant to a case, the seizure and freeze shall be cancelled within three days, and the things shall be returned to their original owners or the original post and telecommunications offices.
  Article 119 When certain special problems relating to a case need to be solved in order to clarify the circumstances of the case, experts shall be assigned or invited to give their evaluations.
  Article 120 After evaluating a matter, the experts shall write a conclusion of expert evaluation and affix his signature to it.
  Reverification necessitated by disputes over medical verification of personal injuries and medical verification of mental illness shall be conducted by a hospital designated by a people s government at the provincial level. After verification, the expert shall make a conclusion in writing, to which his signature and the hospital s seal shall be affixed.
  If an expert intentionally makes a false verification, he shall assume legal responsibility.
  Article 121 The investigation organ shall notify the criminal suspect and the victim of the conclusion of the expert verification which will be used as evidence in his case. A supplementary expert verification or another expert verification may be conducted upon application submitted by the criminal suspect or the victim.

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