The People s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem. The People s Court shall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.
Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.
Article 42 All facts that prove the true circumstances of a case shall be evidence.
There shall be the following seven categories of evidence:
(1) material evidence and documentary evidence;
(2) testimony of witnesses;
(3) statements of victims;
(4) statements and exculpations of criminal suspects or defendants;
(5) expert conclusions;
(6) records of inquests and examination; and
(7) audio-visual materials.
Any of the above evidence must be verified before it can be used as the basis for deciding cases.
Article 43 Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various kinds of evidence that can prove the criminal suspect s or defendant s guilt or innocence and the gravity of his crime. It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to help the investigation.
Article 44 The public security organ s requests for approval of arrest, the People s Procuratorate s bills of prosecution and the People s Court s written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.
Article 45 The People s Courts, the People s Procuratorates and the public security organs shall have the authority to collect or obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.
Evidence involving State secrets shall be kept confidential.
Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under law.
Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral statements. A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence; the defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his statement.
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