Supreme People’s Procuratorate Eight Prohibitions in the Investigation of Official Crimes


Notice issuing the “Supreme People’s Procuratorate Eight Prohibitions in the Investigation of Official Crimes”


People’s procuratorates of all provinces, autonomous regions and directly governed municipalities; military procuratorates and the people’s procuratorate for the Xinjiang Production and Construction Corps:

We hereby issue the “Supreme People’s Procuratorate Eight Prohibitions in the Investigation of Official Crimes”, please implement them strictly. 


Supreme People’s Procuratorate

4 August 2015

Supreme People’s Procuratorate Eight Prohibitions in the Investigation of Official Crimes

The Supreme People’s Procuratorate Eight Prohibitions in the Investigation of Official Crimes are hereby issued on the basis of the “Criminal Procedure Law”, the “Supreme People’s Procuratorate Rules on Criminal Procedure (for trial implementation)” and the “Regulations on the Disciplinary Punishment of Procuratorial Personnel (for trial implementation)” to regulate judicial action, prevent the unlawful handling of cases, safeguard a just judiciary.

1. Handling leads to a case without permission, unsystematic preliminary investigation and the adoption of measures limiting personal freedom on a target of investigation during preliminary investigation are prohibited. Violators will receive a warning, a demerit or a major demerit. Where circumstances are rather serious, they will be demoted or removed from office. Where circumstances are particularly serious, they will be expelled. Where an offense is constituted, their criminal responsibility will be prosecuted according to the law. 

2. The unlawful use of residential surveillance at a designated place is prohibited. Where residential surveillance at a designated place is used without having been reported to, examined and approved by the next higher level People’s Procuratorate, or where its scope of application is broadened, or where it is enforced at a place not in conformity with the rules, or where the law has intentionally been evaded, the disciplinary and legal responsibility of whoever has made strategic decisions and whoever has enforced them will be prosecuted according to the circumstances and the consequences. 

3. The unlawful interference in the normal business activity of enterprises involved in a case is prohibited. Whoever illegally interferes in construction projects, intervenes in a public project bid, or illegally interferes in commercial disputes, or handles a case exceeding his authority, or receives financial assistance, expenditure reimbursements, accepts banquet invitations or takes property or obstructs others to obtain bribes and commits other acts that violate the law and discipline will receive a demerit or a major demerit. Where circumstances are rather serious, they will be demoted or removed from office. Where circumstances are serious, they will be expelled. Where an offense is constituted, their criminal responsibility will be prosecuted according to the law. 

4. The unlawful disposal of property related to a case and that has been sealed, seized, or frozen is prohibited. Where private or public property is arbitrarily sealed, seized or frozen, or seized or frozen property is not promptly returned according to the law, or seized or frozen property and its fruits are embezzled, misappropriated, distributed, deposited, exchanged, lent out, purchased at a reduced price, or otherwise illegally disposed of, the disciplinary and legal responsibility of whoever has made strategic decisions and whoever has enforced them will be prosecuted according to discipline and the law. Where state compensation occurs, recovery will be pursued according to the law. 

5. Hindering or obstructing the lawful meeting between a lawyer and a criminal suspect is prohibited. In cases where the law stipulates that a meeting permit is not necessary, a meeting with a lawyer must not be interfered with or influenced by setting up artificial hindrances. In particularly big cases of corruption , meeting with a lawyer must be arranged reasonably according to the circumstances of case-handling. Whoever contravenes the rules and limits, interferes with or influences a meeting with a lawyer shall, according to the circumstances and the consequences, receive a warning or a major demerit. 

6. Conducing an interrogation without uninterrupted synchronous audio and video recording is prohibited. Cases where the uninterrupted and synchronous audio and video recording has not occurred shall not be transferred for examination before prosecution. Where such a case has already been transferred for examination before prosecution, prosecution departments are entitled to dismiss the case, or remand it to investigation departments. 

7. The extortion of a confession through torture and other acts of illegal collection of evidence are prohibited. Where a confession from a criminal suspect, and oral testimony from a witness have been obtained through torture and threat, enticement, deceit or other unlawful means they shall not be used as evidence. Where physical evidence and documentary evidence has been gathered outside of statutory procedure, and it may influence judicial fairness, and it cannot be integrated or it is not possible to give a reasonable explanation, it shall not be used as evidence. Violators will receive a warning, a demerit or a major demerit. Where circumstances are rather serious, they will be demoted or removed from office. Where circumstances are particularly serious, they will be expelled. Where an offense is constituted, their criminal responsibility will be prosecuted according to the law.

8. Violating the safety discipline of case-handling is prohibited. Where a case is handled unlawfully or gravely irresponsibly, causing a criminal suspect to escape, become wounded or commit suicide, or a witness to become wounded or commit suicide, or other safety incidents in case-handling, whoever has directed, enforced shall be first suspended from duties and then dealt with according to discipline and the law. 

Where bad management or improper conduct cause procuratorial personnel to violate the above eight prohibitions, the leader responsibility will be prosecuted.

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