(2) ordinary criminal cases punishable by life imprisonment or the death penalty; and
(3) criminal cases in which the offenders are foreigners.
Article 21 The Higher People s Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province (or autonomous region, or municipality directly under the Central Government).
Article 22 The Supreme People s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation.
Article 23 When necessary, People s Courts at higher levels may try criminal cases over which People s Courts at lower levels have jurisdiction as courts of first instance; If a People s Court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by a People s Court at a higher level, it may request that the case be transferred to the People s Court at the next higher level for trial.
Article 24 A criminal case shall be under the jurisdiction of the People s Court in the place where the crime was committed. If it is more appropriate for the case to be tried by the People s Court in the place where the defendant resides, then that court may have jurisdiction over the case.
Article 25 When two or more People s Courts at the same level have jurisdiction over a case, it shall be tried by the People s Court that first accepted it. When necessary the case may be transferred for trial to the People s Court in the principal place where the crime was committed.
Article 26 A People s Court at a higher level may instruct a People s Court at a lower level to try a case over which jurisdiction is unclear and may also instruct a People s Court at a lower level to transfer the case to another People s Court for trial.
Article 27 The jurisdiction over cases in special People s Courts shall be stipulated separately.
Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:
(1) if he is a party or a near relative of a party to the case;
(2) if he or a near relative of his has an interest in the case;
(3) if he has served as a witness, expert witness, defender or agent ad litem in the current case; or
(4) if he has any other relations with a party to the case that could affect the impartial handling of the case.
Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the parties.
Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility. The parties to the case and their legal representatives shall have the right to request him to withdraw.
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