Article 15 In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared:
(1) if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime;
(2) if the limitation period for criminal prosecution has expired;
(3) if an exemption of criminal punishment has been granted in a special amnesty decree;
(4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn;
(5) if the criminal suspect or defendant is deceased; or
(6) if other laws provide an exemption from investigation of criminal responsibility.
Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.
If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels.
Article 17 In accordance with the international treaties which the People s Republic of China has concluded or acceded to or on the principle of reciprocity, the judicial organs of China and that of other countries may request judicial assistance from each other in criminal affairs.
Article 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.
Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations of a citizen s personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal search and crimes involving infringement of a citizen s democratic rights -- committed by State functionaries by taking advantage of their functions and powers -- shall be placed on file for investigation by the People s Procuratorates. If cases involving other grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the People s Procuratorates, they may be placed on file for investigation by the People s Procuratorates upon decision by the People s Procuratorates at or above the provincial level.
Cases of private prosecution shall be handled directly by the People s Courts.
Article 19 The Primary People s Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases which fall under the jurisdiction of the People s Courts at higher levels as stipulated by this Law shall be exceptions.
Article 20 The Intermediate People s Courts shall have jurisdiction as courts of first instance over the following criminal cases:
(1) counterrevolutionary cases and cases endangering State security;
此文章共有21页 [上一页] [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [下一页]
本文关键词：刑事诉讼
收藏到法律网摘 讨论 打印 页顶 关闭