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| 中华人民共和国刑事诉讼法（英文版）（下） |
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| http://www.dffy.com 2007-1-19 17:22:31 来源：东方法眼 |
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Article 143 A decision not to initiate a prosecution shall be announced publicly, and the decision shall, in written form, be delivered to the person who is not to be prosecuted and his unit. If the said person is in custody, he shall be released immediately.
Article 144 With respect to a case transferred by a public security organ for prosecution, if the People s Procuratorate decides not to initiate a prosecution, it shall deliver the decision in writing to the public security organ. If the public security organ considers that the decision not to initiate a prosecution is wrong, it may demand reconsideration, and if the demand is rejected, it may submit the matter to the People s Procuratorate at the next higher level for review.
Article 145 If the People s Procuratorate decides not to initiate a prosecution with respect to a case that involves a victim, it shall send the decision in writing to the victim. If the victim refuses to accept the decision, he may, within seven days after receiving the written decision, present a petition to the People s Procuratorate at the next higher level and request the latter to initiate a public prosecution. The People s Procuratorate shall notify the victim of its decision made after reexamination. If the People s Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a People s Court. The victim may also bring a lawsuit directly to a People s Court without presenting a petition first. After the People s Court has accepted the case, the People s Procuratorate shall transfer the relevant case file to the People s Court.
Article 146 If the person against whom a People s Procuratorate decides, in accordance with the provisions of the second paragraph of Article 142 of this Law, not to initiate a prosecution still refuses to accept the decision, he may present a petition to the People s Procuratorate within seven days after receiving the written decision. The People s Procuratorate shall make a decision to conduct a reexamination, notify the person against whom no prosecution is to be initiated and at the same time send a copy of the decision to the public security organ.
Article 147 Trials of cases of first instance in the Primary and Intermediate People s Courts shall be conducted by a collegial panel composed of three judges or of judges and people s assessors totalling three. However, cases in which summary procedure is applied in the Primary People s Courts may be tried by a single judge alone.
Trials of cases of first instance in the Higher People s Courts or the Supreme People s Court shall be conducted by a collegial panel composed of three to seven judges or of judges and people s assessors totalling three to seven.
When performing their functions in the People s Courts, the people s assessors shall enjoy equal rights with the judges.
Trials of appealed and protested cases in the People s Courts shall be conducted by a collegial panel composed of three to five judges.
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本文关键词：刑事诉讼
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