第一百六十六条  依照本法第一百六十五条第二项的规定延期审理的案件，人民检察院应当在一个月以内补充侦查完毕。

Article 166 If the hearings of a case is postponed in accordance with the provisions of sub-paragraph (2) in Article 165 of this Law, the People's Procuratorate shall complete the supplementary investigation within one month.

第一百六十七条  法庭审判的全部活动，应当由书记员写成笔录，经审判长审阅后，由审判长和书记员签名。

Article 167 The court clerk shall make a written record of the entire court proceedings, which shall be examined by the presiding judge and then signed by him and the court clerk.

法庭笔录中的证人证言部分，应当当庭宣读或者交给证人阅读。

That portion of the courtroom record comprising the testimony of witnesses shall be read out in court or given to the witnesses to read.

证人在承认没有错误后，应当签名或者盖章。

After the witnesses acknowledge that the record is free of error, they shall sign or affix their seals to it.

法庭笔录应当交给当事人阅读或者向他宣读。

The courtroom record shall be given to the parties to read or shall be read out to them.

当事人认为记载有遗漏或者差错的，可以请求补充或者改正。

If a party considers that there are omissions or errors in the record, he may request additions or corrections to be made.

当事人承认没有错误后，应当签名或者盖章。

After the parties acknowledge that the record is free of error, they shall sign or affix their seals to it.

第一百六十八条  人民法院审理公诉案件，应当在受理后一个月以内宣判，至迟不得超过一个半月。

Article 168 A People's Court shall pronounce judgment on a case of public prosecution within one month or, one and a half months at the latest, after accepting it.

有本法第一百二十六条规定情形之一的，经省、自治区、直辖市高级人民法院批准或者决定，可以再延长一个月。

Under one of the situations provided in Article 126 of this Law, the period may be extended by one more month upon approval or decision by the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.

人民法院改变管辖的案件，从改变后的人民法院收到案件之日起计算审理期限。

If jurisdiction of a People's Court over a case is altered, the time limit for handling the case shall be calculated from the date on which another People's Court receives the case after the alteration.

人民检察院补充侦查的案件，补充侦查完毕移送人民法院后，人民法院重新计算审理期限。

As to a case for which a People's Procuratorate has to conduct supplementary investigation, the People's Court shall start to calculate anew the time lime for handling the case after the supplementary investigation has been completed and the case has been transferred to it.

第一百六十九条  人民检察院发现人民法院审理案件违反法律规定的诉讼程序，有权向人民法院提出纠正意见。

Article 169 If a People's Procuratorate discovers that in handling a case a People's Court has violated the litigation procedure prescribed by law, it shall have the power to suggest to the People's Court that it should set it right.

第二节 自诉案件

SECTION 2 CASES OF PRIVATE PROSECUTION

第一百七十条 自诉案件包括下列案件：

Article 170 Cases of private prosecution include the following:

（一）告诉才处理的案件；

(1) cases to be handled only upon complaint;

（二）被害人有证据证明的轻微刑事案件；

(2) cases for which the victims have evidence to prove that those are minor criminal cases; and

（三）被害人有证据证明对被告人侵犯自己人身、财产权利的行为应当依法追究刑事责任，而公安机关或者人民检察院不予追究被告人刑事责任的案件。

(3) cases for which the victims have evidence to prove that the defendants should be investigated for criminal responsibility according to law because their acts have infringed upon the victims' personal or property rights, whereas, the public security organs or the People's Procuratorates do not investigate the criminal responsibility of the accused.

第一百七十一条  人民法院对于自诉案件进行审查后，按照下列情形分别处理：

Article 171 After examining a case of private prosecution, the People's Court shall handle it in one of the following manners in light of the different situations:

（一）犯罪事实清楚，有足够证据的案件，应当开庭审判；

(1) If the facts of the crime are clear and the evidence is sufficient, the case shall be tried at a court session; or

（二）缺乏罪证的自诉案件，如果自诉人提不出补充证据，应当说服自诉人撤回自诉，或者裁定驳回。

(2) In a case of private prosecution for which criminal evidence is lacking, if the private prosecutor cannot present supplementary evidence, the court shall persuade him to withdraw his prosecution or order its rejection.

自诉人经两次依法传唤，无正当理由拒不到庭的，或者未经法庭许可中途退庭的，按撤诉处理。

If a private prosecutor, having been served twice with a summons according to law, refuses to appear in court without justifiable reasons, or if he withdraws from a court session without permission of the court, the case may be considered withdrawn by him.

法庭审理过程中，审判人员对证据有疑问，需要调查核实的，适用本法第一百五十八条的规定。

If during the trial of a case the judges have doubts about the evidence and consider it necessary to conduct investigation to verify the evidence, the provisions of Article 158 of this Law shall apply.

第一百七十二条  人民法院对自诉案件，可以进行调解；自诉人在宣告判决前，可以同被告人自行和解或者撤回自诉。本法第一百七十条第三项规定的案件不适用调解。

Article 172 A People's Court may conduct mediation in a case of private prosecution; the private prosecutor may arrange a settlement with the defendant or withdraw his prosecution before a judgment is pronounced. Mediation shall not be conducted for cases stipulated in sub-paragraph (3) of Article 170 of this Law.

第一百七十三条  自诉案件的被告人在诉讼过程中，可以对自诉人提起反诉。反诉适用自诉的规定。

Article 173 In the process of the proceedings, the defendant in a case of private prosecution may raise a counterclaim against the private prosecutor. The provisions governing private prosecutions shall apply to counterclaims.

第一百七十四条  人民法院对于下列案件，可以适用简易程序，由审判员一人独任审判：

Article 174 The People's Court may apply summary procedure to the following cases, which shall be tried by a single judge alone:

（一）对依法可能判处三年以下有期徒刑、拘役、管制、单处罚金的公诉案件，事实清楚、证据充分，人民检察院建议或者同意适用简易程序的；

(1) cases of public prosecution where the defendants may be lawfully sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or punished with fines exclusively, where the facts are clear and the evidence is sufficient, and for which the People's Procuratorate suggests or agrees to the application of summary procedure;

（二）告诉才处理的案件；

(2) cases to be handled only upon complaint; and

（三）被害人起诉的有证据证明的轻微刑事案件。

(3) cases prosecuted by the victims, for which there is evidence to prove that they are minor criminal cases.

第一百七十五条  适用简易程序审理公诉案件，人民检察院可以不派员出席法庭。

Article 175 For a case of public prosecution that is tried through summary procedure, the People's Procuratorate may send no procurators to the court.

被告人可以就起诉书指控的犯罪进行陈述和辩护。

The defendant may present a statement and defend himself regarding the crimes accused in the bill of prosecution.

人民检察院派员出席法庭的，经审判人员许可，被告人及其辩护人可以同公诉人互相辩论。

In cases where the People's Procuratorate sends procurators to the court, the defendant and his defenders may, with permission of the judges, debate with the public prosecutor.

第一百七十六条  适用简易程序审理自诉案件，宣读起诉书后，经审判人员许可，被告人及其辩护人可以同自诉人及其诉讼代理人互相辩论  。

Article 176 In a case of private prosecution that is tried through summary procedure, after the bill of prosecution is read out, the defendant and his defenders may, with the permission of the judges, debate with the private prosecutor and his agents ad litem.

第一百七十七条  适用简易程序审理案件，不受本章第一节关于讯问被告人、询问证人、鉴定人、出示证据、法庭辩论程序规定的限制。

Article 177 Trial of cases through summary procedure shall not be subject to the provisions of Section 1 of this Chapter governing the procedures of interrogating the defendant, questioning the witnesses and expert witnesses, showing the evidence, and debating in court.

但在判决宣告前应当听取被告人的最后陈述意见。

However, before the judgment is pronounced, the final statement of the defendant shall be heard.

第一百七十八条  适用简易程序审理案件，人民法院应当在受理后二十日以内审结。

Article 178 For a case to be tried through summary procedure, the People's Court shall conclude it within 20 days after accepting it.

第一百七十九条  人民法院在审理过程中，发现不宜适用简易程序的，应当按照本章第一节或者第二节的规定重新审理。

Article 179 If in the course of trying a case the People's Court discovers that the summary procedure is not appropriate for the case, it shall try it anew in accordance with the provisions in Section 1 or Section 2 of this Chapter.

第三章 第二审程序

CHAPTER III PROCEDURE OF SECOND INSTANCE

第一百八十条  被告人、自诉人和他们的法定代理人，不服地方各级人民法院第一审的判决、裁定，有权用书状或者口头向上一级人民法院上诉。

Article 180 If the defendant, private prosecutor or their legal representatives refuse to accept a judgment or order of first instance made by a local People's Court at any level, they shall have the right to appeal in writing or orally to the People's Court at the next higher level.

被告人的辩护人和近亲属，经被告人同意，可以提出上诉。

Defenders or near relatives of the defendant may, with the consent of the defendant, file appeals.

附带民事诉讼的当事人和他们的法定代理人，可以对地方各级人民法院第一审的判决、裁定中的附带民事诉讼部分，提出上诉。

A party to an incidental civil action or his legal representative may file an appeal against that part of a judgment or order of first instance made by a local People's Court at any level that deals with the incidental civil action.

对被告人的上诉权，不得以任何借口加以剥夺。

A defendant shall not be deprived on any pretext of his right to appeal.

第一百八十一条  地方各级人民检察院认为本级人民法院第一审的判决、裁定确有错误的时候，应当向上一级人民法院提出抗诉。

Article 181 If a local People's Procuratorate at any level considers that there is some definite error in a judgment or order of first instance made by a People's Court at the same level, it shall present a protest to the People's Court at the next higher level.

第一百八十二条  被害人及其法定代理人不服地方各级人民法院第一审的判决的，自收到判决书后五日以内，有权请求人民检察院提出抗诉。

Article 182 If the victim or his legal representative refuses to accept a judgment of first instance made by a local People's Court at any level, he shall, within five days from the date of receiving the written judgment, have the right to request the People's Procuratorate to present a protest.

人民检察院自收到被害人及其法定代理人的请求后五日以内，应当作出是否抗诉的决定并且答复请求人。

The People's Procuratorate shall, within five days from the date of receiving the request made by the victim or his legal representative, decide whether to present the protest or not and give him a reply.

第一百八十三条  不服判决的上诉和抗诉的期限为十日，不服裁定的上诉和抗诉的期限为五日，从接到判决书、裁定书的第二日起算。

Article 183 The time limit for an appeal or a protest against a judgment shall be 10 days and the time limit for an appeal or a protest against an order shall be five days; the time limit shall be counted from the day after the written judgment or order is received.

第一百八十四条  被告人、自诉人、附带民事诉讼的原告人和被告人通过原审人民法院提出上诉的，原审人民法院应当在三日以内将上诉状连同案卷、证据移送上一级人民法院，同时将上诉状副本送交同级人民检察院和对方当事人。

Article 184 If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal through the People's Court which originally tried the case, the People's Court shall within three days transfer the petition of appeal together with the case file and the evidence to the People's Court at the next higher level; at the same time it shall deliver duplicates of the petition of appeal to the People's Procuratorate at the same level and to the other party.

被告人、自诉人、附带民事诉讼的原告人和被告人直接向第二审人民法院提出上诉的，第二审人民法院应当在三日以内将上诉状交原审人民法院送交同级人民检察院和对方当事人。

If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal directly to the People's Court of second instance, the People's Court shall within three days transfer the petition of appeal to the People's Court which originally tried the case for delivery to the People's Procuratorate at the same level and to the other party.

第一百八十五条  地方各级人民检察院对同级人民法院第一审判决、裁定的抗诉，应当通过原审人民法院提出抗诉书，并且将抗诉书抄送上一级人民检察院。原审人民法院应当将抗诉书连同案卷、证据移送上一级人民法院，并且将抗诉书副本送交当事人。

Article 185 If a local People's Procuratorate protests against a judgment or order of first instance made by the People's Court at the same level, it shall present a written protest through the People's Court which originally tried the case and send a copy of the written protest to the People's Procuratorate at the next higher level. The People's Court which originally tried the case shall transfer the written protest together with the case file and evidence to the People's Court at the next higher level and shall deliver duplicates of the written protest to the parties.

上级人民检察院如果认为抗诉不当，可以向同级人民法院撤回抗诉，并且通知下级人民检察院。

If the People's Procuratorate at the next higher level considers the protest inappropriate, it may withdraw the protest from the People's Court at the same level and notify the People's Procuratorate at the next lower level.

第一百八十六条  第二审人民法院应当就第一审判决认定的事实和适用法律进行全面审查，不受上诉或者抗诉范围的限制。

Article 186 A People's Court of second instance shall conduct a complete review of the facts determined and the application of law in the judgment of first instance and shall not be limited by the scope of appeal or protest.

共同犯罪的案件只有部分被告人上诉的，应当对全案进行审查，一并处理。

If an appeal is filed by only some of the defendants in a case of joint crime, the case shall still be reviewed and handled as a whole.

第一百八十七条  第二审人民法院对上诉案件，应当组成合议庭，开庭审理。

Article 187 A People's Court of second instance shall form a collegial panel and open a court session to hear a case of appeal.

合议庭经过阅卷，讯问被告人、听取其他当事人、辩护人、诉讼代理人的意见，对事实清楚的，可以不开庭审理。

However, if after consulting the case file, interrogating the defendant and heeding the opinions of the other parties, defenders and agents ad litem, the collegial panel thinks the criminal facts are clear, it may open no court session.

对人民检察院抗诉的案件，第二审人民法院应当开庭审理。

A People's Court of second instance shall open a court session to hear a case protested by a People's Procuratorate.

第二审人民法院开庭审理上诉、抗诉案件，可以到案件发生地或者原审人民法院所在地进行。

When a People's Court of second instance opens a court session to hear a case of appeal or protest, it may do so in the place where the case occurred or in the place where the People's Court which originally tried the case is located.

第一百八十八条  人民检察院提出抗诉的案件或者第二审人民法院开庭审理的公诉案件，同级人民检察院都应当派员出庭。

Article 188 With respect to both cases protested by a People's Procuratorate and cases of public prosecution tried by a People's Court of second instance in a court session, the People's Procuratorate at the same level shall send its procurators to the court.

第二审人民法院必须在开庭十日以前通知人民检察院查阅案卷。

The People's Court of second instance must, 10 days before opening of the court session, notify the People's Procuratorate to examine the case files.

第一百八十九条  第二审人民法院对不服第一审判决的上诉、抗诉案件，经过审理后，应当按照下列情形分别处理：

Article 189 After hearing a case of appeal or protest against a judgment of first instance, the People's Court of second instance shall handle it in one of the following manners in light of the different situations:

（一）原判决认定事实和适用法律正确、量刑适当的，应当裁定驳回上诉或者抗诉，维持原判；

(1) if the original judgment was correct in the determination of facts and the application of law and appropriate in the meting out of punishment, the People's Court shall order rejection of the appeal or protest and affirm the original judgment.

（二）原判决认定事实没有错误，但适用法律有错误，或者量刑不当的，应当改判；

(2) if the original judgment contained no error in the determination of facts but the application of law was incorrect or the punishment was inappropriately meted out, the People's Court shall revise the judgment.

（三）原判决事实不清楚或者证据不足的，可以在查清事实后改判；也可以裁定撤销原判，发回原审人民法院重新审判。

(3) if the facts in the original judgment were unclear or the evidence insufficient, the People's Court may revise the judgment after ascertaining the facts, or it may rescind the original judgment and remand the case to the People's Court which originally tried it for retrial.

第一百九十条  第二审人民法院审判被告人或者他的法定代理人、辩护人、近亲属上诉的案件，不得加重被告人的刑罚。

Article 190 In the trial of a case appealed by a defendant, or his legal representative, defender or near relative, the People's Court of second instance may not increase the criminal punishment on the defendant.

人民检察院提出抗诉或者自诉人提出上诉的，不受前款规定的限制。

The restriction laid down in the preceding paragraph shall not apply to cases protested by a People's Procuratorate or cases appealed by private prosecutors.

第一百九十一条  第二审人民法院发现第一审人民法院的审理有下列违反法律规定的诉讼程序的情形之一的，应当裁定撤销原判，发回原审人民法院重新审判：

Article 191 If a People's Court of second instance discovers that when hearing a case, a People's Court of first instance violates the litigation procedures prescribed by law in one of the following ways, it shall rule to rescind the original judgment and remand the case to the People's Court which originally tried it for retrial:

（一）违反本法有关公开审判的规定的；

(1) violating the provisions of this Law regarding trial in public;

（二）违反回避制度的；

(2) violating the withdrawal system;

（三）剥夺或者限制了当事人的法定诉讼权利，可能影响公正审判的；

(3) depriving the parties of their litigation rights prescribed by law or restricting, such rights, which may hamper impartiality of a trial;

（四）审判组织的组成不合法的；

(4) unlawful formation of a judicial organization; or

（五）其他违反法律规定的诉讼程序，可能影响公正审判的。

(5) other violations against the litigation procedures prescribed by law which may hamper impartiality of a trial.

第一百九十二条  原审人民法院对于发回重新审判的案件，应当另行组成合议庭，依照第一审程序进行审判。

Article 192 The People's Court which originally tried a case shall form a new collegial panel for the case remanded to it for retrial, in accordance with the procedure of first instance.

对于重新审判后的判决，依照本法第一百八十条、第一百八十一条、第一百八十二条的规定可以上诉、抗诉。

With respect to the judgment rendered after the retrial, an appeal or protest may be lodged in accordance with the provisions of Article 180, 181 or 182 of this Law.

第一百九十三条  第二审人民法院对不服第一审裁定的上诉或者抗诉，经过审查后，应当参照本法第一百八十九条、第一百九十一条和第一百九十二条的规定，分别情形用裁定驳回上诉、抗诉，或者撤销、变更原裁定。

Article 193 After a People's Court of second instance has reviewed an appeal or protest against an order of first instance, it shall order rejection of the appeal or protest or rescind or revise the original order respectively with reference to the provisions of Article 189, 190 or 192 of this Law.

第一百九十四条  第二审人民法院发回原审人民法院重新审判的案件，原审人民法院从收到发回的案件之日起，重新计算审理期限。

Article 194 The People's Court which originally tried a case shall calculate the time limit anew for the trial of the case remanded to it by the People's Court of second instance from the date of receiving the case remanded.

第一百九十五条  第二审人民法院审判上诉或者抗诉案件的程序，除本章已有规定的以外，参照第一审程序的规定进行。

Article 195 A People's Court of second instance shall try cases of appeal or protest with reference to the procedure of first instance, in addition to applying the provisions in this Chapter.

第一百九十六条  第二审人民法院受理上诉、抗诉案件，应当在一个月以内审结，至迟不得超过一个半月。

Article 196 After accepting a case of appeal or protest, a People's Court of second instance shall conclude the trial of the case within one month, or one and a half months at the latest.

有本法第一百二十六条规定情形之一的，经省、自治区、直辖市高级人民法院批准或者是决定，可以再延长一个月，

 Under one of the situations provided in Article 126 of this Law, the period may be extended by one month upon the approval or decision by the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.

但是最高人民法院受理的上诉、抗诉案件，由最高人民法院决定。

However, with respect to cases of appeal or protest accepted by the Supreme People's Court, the matter shall be decided by the Supreme People's Court itself.

第一百九十七条  第二审的判决、裁定和最高人民法院的判决、裁定，都是终审的判决、裁定。

Article 197 All judgments and orders of second instance and all judgments and orders of the Supreme People's Court are final.

第一百九十八条  公安机关、人民检察院和人民法院对于扣押、冻结犯罪嫌疑人、被告人的财物及其孳息，应当妥善保管，以供核查。

Article 198 The public security organs, People's Procuratorates and People's Courts shall have the property, things of value of the criminal suspects and defendants, as well as the fruits accruing therefrom, that they have seized or frozen well kept for examination.

任何单位和个人不得挪用或者自行处理。

No units or individuals shall misappropriate them or dispose of them without authorization.

对被害人的合法财产，应当及时返还。

The lawful property of the victims shall be returned to them without delay.

对违禁品或者不宜长期保存的物品，应当依照国家有关规定处理。

Prohibited articles and perishable things shall be disposed of in accordance with the relevant regulations of the State.

对作为证据使用的实物应当随案移送，对不宜移送的，应当将其清单、照片或者其他证明文件随案移送。

Things that serve as tangible evidence shall be transferred together with the case, but for things that are unsuitable to be transferred, their inventory and photos and other documents of certification shall be transferred together with the case.

人民法院作出的判决生效以后，对被扣押、冻结的赃款赃物及其孳息，除依法返还被害人的以外，一律没收，上缴国库。

After a judgment rendered by the People's Court becomes effective, all the seized or frozen illicit money and goods as well as the fruits accruing therefrom, except those that are returned to the victim according to law, shall be confiscated and turned over to the State Treasury.

司法工作人员贪污、挪用或者私自处理被扣押、冻结的赃款赃物及其孳息的，依法追究刑事责任；不构成犯罪的，给予处分。

Any judicial officer who embezzles or misappropriates or disposes of the seized or frozen illicit money and goods as well as the fruits accruing therefrom without authorization shall be investigated for criminal responsibility according to law; if the offence does not constitute a crime, he shall be given administrative sanction.

第四章 死刑复核程序

CHAPTER IV PROCEDURE FOR REVIEW OF DEATH SENTENCES

第一百九十九条 死刑由最高人民法院核准。

Article 199 Death sentences shall be subject to approval by the Supreme People's Court.

第二百条  中级人民法院判处死刑的第一审案件，被告人不上诉的，应当由高级人民法院复核后，报请最高人民法院核准。

Article 200 A case of first instance where an Intermediate People's Court has imposed a death sentence and the defendant does not appeal shall be reviewed by a Higher People's Court and submitted to the Supreme People's Court for approval.

高级人民法院不同意判处死刑的，可以提审或者发回重新审判。

If the Higher People's Court does not agree with the death sentence, it may bring the case up for trial or remand the case for retrial.

高级人民法院判处死刑的第一审案件被告人不上诉的，和判处死刑的第二审案件，都应当报请最高人民法院核准。

Cases of first instance where a Higher People's Court has imposed a death sentence and the defendant does not appeal, and cases of second instance where a death sentence has been imposed shall all be submitted to the Supreme People's Court for approval.

第二百零一条  中级人民法院判处死刑缓期二年执行的案件，由高级人民法院核准。

Article 201 A case where an Intermediate People's Court has imposed a death sentence with a two-year suspension of execution, shall be subject to approval by a Higher People's Court.

第二百零二条  最高人民法院复核死刑案件，高级人民法院复核死刑缓期执行的案件，应当由审判员三人组成合议庭进行。

Article 202 Reviews by the Supreme People's Court of cases involving death sentences and reviews by a Higher People's Court of cases involving death sentences with a suspension of execution shall be conducted by collegial panels each composed of three judges.

第五章 审判监督程序

CHAPTER V PROCEDURE FOR TRIAL SUPERVISION

第二百零三条  当事人及其法定代理人、近亲属，对已经发生法律效力的判决、裁定，可以向人民法院或者人民检察院提出申诉，但是不能停止判决、裁定的执行。

Article 203 A party or his legal representative or his near relative may present a petition to a People's Court or a People's Procuratorate regarding a legally effective judgment or order, however, execution of the judgment or order shall not be suspended.

第二百零四条  当事人及其法定代理人、近亲属的申诉符合下列情形之一的，人民法院应当重新审判：

Article 204 If a petition presented by a party or his legal representative or his near relative conforms to any of the following conditions, the People's Court shall retry the case:

（一）有新的证据证明原判决、裁定认定的事实确有错误的；

(1) There is new evidence to prove that the confirmation of the facts in the original judgment or order is definitely wrong;

（二）据以定罪量刑的证据不确实、不充分或者证明案件事实的主要证据之间存在矛盾的；

(2) The evidence upon which the condemnation was made and punishment meted out is unreliable and insufficient, or the major pieces of evidence for supporting the facts of the case contradict each other;

（三）原判决、裁定适用法律确有错误的；

(3) The application of law in making the original judgment or order is definitely incorrect; or

（四）审判人员在审理该案件的时候，有贪污受贿，徇私舞弊，枉法裁判行为的。

(4) The judges in trying the case committed acts of embezzlement, bribery, or malpractices for personal gain, or bended the law in making judgment.

第二百零五条  各级人民法院院长对本院已经发生法律效力的判决和裁定，如果发现在认定事实上或者在适用法律上确有错误，必须提交审判委员会处理。

Article 205 If the president of a People's Court at any level finds some definite error in a legally effective judgment or order of his court as to the determination of facts or application of law, he shall refer the matter to the judicial committee for handling.

最高人民法院对各级人民法院已经发生法律效力的判决和裁定，上级人民法院对下级人民法院已经发生法律效力的判决和裁定，如果发现确有错误，有权提审或者指令下级人民法院再审。

If the Supreme People's Court finds some definite error in a legally effective judgment or order of a People's Court at any lower level, or if a People's Court at a higher level finds some definite error in a legally effective judgment or order of a People's Court at a lower level, it shall have the power to bring the case up for trial itself or may direct a People's Court at a lower level to conduct a retrial.

最高人民检察院对各级人民法院已经发生法律效力的判决和裁定，上级人民检察院对下级人民法院已经发生法律效力的判决和裁定，如果发现确有错误，有权按照审判监督程序向同级人民法院提出抗诉。

If the Supreme People's Procuratorate finds some definite error in a legally effective judgment or order of a People's Court at any level, or if a People's Procuratorate at a higher level finds some definite error in a legally effective judgment or order of a People's Court at a lower level, it shall have the power to present a protest to the People's Court at the same level against the judgment or order in accordance with the procedure for trial supervision.

人民检察院抗诉的案件，接受抗诉的人民法院应当组成合议庭重新审理，对于原判决事实不清楚或者证据不足的，可以指令下级人民法院再审。

With respect to a case protested by a People's Procuratorate, the People's Court that has accepted the protest shall form a collegial panel for retrial; if the facts, on the basis of which the original judgment was made, are not clear or the evidence is not sufficient, it may direct the People's Court at the lower level to try the case again.

第二百零六条  人民法院按照审判监督程序重新审判的案件，应当另行组成合议庭进行。

Article 206 A new collegial panel shall be formed for the retrial of a case by a People's Court in accordance with the procedure for trial supervision.

如果原来是第一审案件，应当依照第一审程序进行审判，所作的判决、裁定，可以上诉、抗诉；

If the case was originally one of first instance, it shall be tried in accordance with the procedure of first instance and the new judgment or order may be appealed or protested.

如果原来是第二审案件，或者是上级人民法院提审的案件，应当依照第二审程序进行审判，所作的判决、裁定，是终审的判决、裁定。

If the case was originally one of second instance or was brought up for trial by a People's Court at a higher level, it shall be tried in accordance with the procedure of second instance and the judgment or order rendered shall be final.

第二百零七条  人民法院按照审判监督程序重新审判的案件，应当在作出提审、再审决定之日起三个月以内审结，需要延长期限的，不得超过六个月。

Article 207 With respect to a case retried by a People's Court in accordance with the procedure for trial supervision, it shall conclude the trial within three months from the day on which it makes the decision to bring the case up for trial itself or on which the decision is made for it to retry the case. If it is necessary to extend the time limit, the period shall not exceed six months.

接受抗诉的人民法院按照审判监督程序审判抗诉的案件，审理期限适用前款规定；

The provisions of the preceding paragraph shall apply to the time limit for the trial of a protested case that is accepted by a People's Court and is to be tried by it in accordance with the procedure for trial supervision.

对需要指令下级人民法院再审的，应当自接受抗诉之日起一个月以内作出决定，下级人民法院审理案件的期限适用前款规定。

 Where it is necessary to direct a People's Court at a lower level to try a protested case again, a decision to such an effect shall be made within one month from the day on which the protested case is accepted; the provisions of the preceding paragraph shall apply to the time limit for the trial of the case by the People's Court at the lower level.

第二百零八条 判决和裁定在发生法律效力后执行。

Article 208 Judgments and orders shall be executed after they become legally effective.

下列判决和裁定是发生法律效力的判决和裁定：

The following judgments and orders are legally effective:

（一）已过法定期限没有上诉、抗诉的判决和裁定；

(1) judgments and orders against which no appeal or protest has been filed within the legally prescribed time limit;

（二）终审的判决和裁定；

(2) judgments and orders of final instance; and

（三）最高人民法院核准的死刑的判决和高级人民法院核准的死刑缓期二年执行的判决。

(3) judgments of the death penalty approved by the Supreme People's Court and judgments of the death penalty with a two-year suspension of execution approved by a Higher People's Court.

第二百零九条  第一审人民法院判决被告人无罪、免除刑事处罚的，如果被告人在押，在宣判后应当立即释放。

Article 209 If a defendant in custody is given the verdict of not guilty or exempted from criminal punishment by a People's Court of first instance, he shall be released immediately after the judgment is pronounced.

第二百一十条  最高人民法院判处和核准的死刑立即执行的判决，应当由最高人民法院院长签发执行死刑的命令。

Article 210 When a judgment of the death penalty with immediate execution is pronounced or approved by the Supreme People's Court, the President of the Supreme People's Court shall sign and issue an order to execute the death sentence.

被判处死刑缓期二年执行的罪犯，在死刑缓期执行期间，如果没有故意犯罪，死刑缓期执行期满，应当予以减刑，由执行机关提出书面意见，报请高级人民法院裁定；

If a criminal sentenced to death with a two-year suspension of execution commits no intentional offense during the period of suspension of the sentence and his punishment should therefore be commuted according to law on expiration of such period, the executing organ shall submit a written recommendation to a Higher People's Court for an order;

如果故意犯罪，查证属实，应当执行死刑，由高级人民法院报请最高人民法院核准。

 if there is verified evidence that the criminal has committed intentional offense and his death sentence should therefore be executed, the Higher People's Court shall submit the matter to the Supreme People's Court for examination and approval.

第二百一十一条  下级人民法院接到最高人民法院执行死刑的命令后，应当在七日以内交付执行。

Article 211 After receiving an order from the Supreme People's Court to execute a death sentence, the People's Court at a lower level shall cause the sentence to be executed within seven days.

但是发现有下列情形之一的，应当停止执行，并且立即报告最高人民法院，由最高人民法院作出裁定：

 However, under one of the following conditions the People's Court at a lower level shall suspend execution and immediately submit a report to the Supreme People's Court for an order:

（一）在执行前发现判决可能有错误的；

(1) If it is discovered before the execution of the sentence that the judgment may contain an error;

（二）在执行前罪犯揭发重大犯罪事实或者有其他重大立功表现，可能需要改判的；

(2) If, before the execution of the sentence, the criminal exposes major criminal facts or renders other significantly meritorious service, thus the sentence may need to be revised; or

（三）罪犯正在怀孕。

(3) If the criminal is pregnant.

前款第一项、第二项停止执行的原因消失后，必须报请最高人民法院院长再签发执行死刑的命令才能执行；

If the reason given in sub-paragraph (1) or (2) of the preceding paragraph which caused the suspension of the sentence has disappeared, the sentence may be executed only after a report is submitted to the President of the Supreme People's Court for him to sign and issue another order for execution of the death sentence.

由于前款第三项原因停止执行的，应当报请最高人民法院依法改判。

If execution is suspended for the reason given in sub-paragraph (3) of the preceding paragraph, a request shall be submitted to the Supreme People's Court for it to alter the sentence according to law.

第二百一十二条  人民法院在交付执行死刑前，应当通知同级人民检察院派员临场监督。

Article 212 Before a People's Court causes a death sentence to be executed, it shall notify the People's Procuratorate at the same level to send an officer to supervise the execution.

死刑采用枪决或者注射等方法执行。

A death sentence shall be executed by such means as shooting or injection.

死刑可以在刑场或者指定的羁押场所内执行。

A death sentence may be executed on the execution ground or in a designated place of custody.

指挥执行的审判人员，对罪犯应当验明正身，讯问有无遗言、信札，然后交付执行人员执行死刑。

The judicial officer directing the execution shall verify the identity of the criminal, ask him if he has any last words or letters and then deliver him to the executioner for execution of the death sentence.

在执行前，如果发现可能有错误，应当暂停执行，报请最高人民法院裁定。

If it is discovered before the execution that there may be an error, the execution shall be suspended and a report submitted to the Supreme People's Court for an order.

执行死刑应当公布，不应示众。

Executions of death sentences shall be announced but shall not be held in public.

执行死刑后，在场书记员应当写成笔录。交付执行的人民法院应当将执行死刑情况报告最高人民法院。

After a death sentence is executed, the court clerk on the scene shall prepare a written record of it. The People's Court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court.

执行死刑后，交付执行的人民法院应当通知罪犯家属。

After a death sentence is executed, the People's Court that caused the death sentence to be executed shall notify the family members of the criminal.

第二百一十三条  罪犯被交付执行刑罚的时候，应当由交付执行的人民法院将有关的法律文书送达监狱或者其他执行机关。

Article 213 When a criminal is handed over for execution of his criminal punishment, the People's Court that caused the sentence to be executed shall deliver the relevant legal documents to a prison or other executing organ.

对于被判处死刑缓期二年执行、无期徒刑、有期徒刑的罪犯，由公安机关依法将该罪犯送交监狱执行刑罚。

A criminal sentenced to death with a two-year suspension of execution, or life imprisonment, or fixed-term imprisonment shall, according to law, be handed over by a public security organ to a prison for execution of his criminal punishment.

对于被判处有期徒刑的罪犯，在被交付执行刑罚前，剩余刑期在一年以下的，由看守所代为执行。

As to a criminal sentenced to fixed-term imprisonment, if the remaining term of sentence is not more than one year before he is handed over for execution of his criminal punishment, the sentence shall be executed by a detention house instead.

对于被判处拘役的罪犯，由公安机关执行。

As to a criminal sentenced to criminal detention, the sentence shall be executed by a public security organ.

对未成年犯应当在未成年犯管教所执行刑罚。

As to a juvenile delinquent, his criminal punishment shall be executed in a reformatory for juvenile delinquents.

执行机关应当将罪犯及时收押，并且通知罪犯家属。

An executing organ shall take a criminal into custody without delay and notify the family members of the criminal.

判处有期徒刑、拘役的罪犯，执行期满，应当由执行机关发给释放证明书。

A criminal sentenced to fixed-term imprisonment or criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

第二百一十四条  对于被判处有期徒刑或者拘役的罪犯，有下列情形之一的，可以暂予监外执行：

Article 214 A criminal sentenced to fixed-term imprisonment or criminal detention, under either of the following conditions, may be permitted to temporarily serve his sentence outside prison:

（一）有严重疾病需要保外就医的；

(1) If the criminal is seriously ill and needs to be released on parole for medical treatment; or

（二）怀孕或者正在哺乳自己婴儿的妇女。

(2) If the criminal is pregnant or is breast-feeding her own baby.

对于适用保外就医可能有社会危险性的罪犯，或者自伤自残的罪犯，不得保外就医。

If a criminal to be released on parole for medical treatment may endanger the community or if a criminal injures himself or makes himself disabled, he may not be released on parole for medical treatment.

对于罪犯确有严重疾病，必须保外就医的，由省级人民政府指定的医院开具证明文件，依照法律规定的程序审批。

If a criminal is truly ill seriously and must be released on parole for medical treatment, a supporting document prepared by the hospital designated by a people's government at the provincial level shall be needed, and the matter shall be subject to examination and approval according to the procedure prescribed by law.

发现被保外就医的罪犯不符合保外就医条件的，或者严重违反有关保外就医的规定的，应当及时收监。

If it is found that a criminal released on parole for medical treatment does not meet the conditions for release on parole for medical treatment or the criminal has gravely violated the regulations regarding such release, he shall be taken back to prison without delay.

对于被判处有期徒刑、拘役，生活不能自理，适用暂予监外执行不致危害社会的罪犯，可以暂予监外执行。

As to a criminal sentenced to fixed-term imprisonment or criminal detention who is unable to look after himself in everyday life, if his service of sentence outside prison would not endanger the community, he may be permitted to serve his sentence outside prison temporarily.

对于暂予监外执行的罪犯，由居住地公安机关执行，执行机关应当对其严格管理监督，基层组织或者罪犯的原所在单位协助进行监督。

If a criminal is permitted to serve his sentence outside prison temporarily, the sentence shall be executed by the public security organ in the place where the criminal resides, the executing organ shall exercise strict control and supervision over him and the grass-roots organizations or the unit where the criminal originally belonged shall assist in supervision.

第二百一十五条  批准暂予监外执行的机关应当将批准的决定抄送人民检察院。

Article 215 The organ that approved the temporary service of sentence outside prison shall send a copy of its decision on the approval to a People's Procuratorate.

人民检察院认为暂予监外执行不当的，应当自接到通知之日起一个月以内将书面意见送交批准暂予监外执行的机关，批准暂予监外执行的机关接到人民检察院的书面意见后，应当立即对该决定进行重新核查。

If the People's Procuratorate considers the temporary service of sentence outside prison improper, it shall within one month from the date of receiving the notification, submit its recommendation in writing to the organ that approved the temporary service of sentence outside prison, which shall, upon receiving the written recommendation of the People's Procuratorate, reexamine its decision without delay.

第二百一十六条  暂予监外执行的情形消失后，罪犯刑期未满的，应当及时收监。

Article 216 As soon as the conditions under which a criminal is permitted to serve his sentence outside prison temporarily cease to exist, if the criminal's term of sentence has not expired, he shall be taken back to prison without delay.

罪犯在暂予监外执行期间死亡的，应当及时通知监狱。

If a criminal dies during the period in which he is serving his sentence outside prison temporarily, the prison shall be informed thereof without delay.

第二百一十七条  对于被判处徒刑缓刑的罪犯，由公安机关交所在单位或者基层组织予以考察。

Article 217 A criminal who has been sentenced to imprisonment with a suspension of execution shall be placed by the public security organ under the observation of his unit or a grass-roots organization.

对于被假释的罪犯，在假释考验期限内，由公安机关予以监督。

A criminal released on parole shall be supervised by a public security organ during the test period of parole.

第二百一十八条  对于被判处管制、剥夺政治权利的罪犯，由公安机关执行。

Article 218 Sentence of public surveillance or deprivation of political rights that has been imposed on a criminal shall be executed by a public security organ.

执行期满，应当由执行机关通知本人，并向有关群众公开宣布解除管制或者恢复政治权利。

 After the sentence is served, the executing organ shall notify the criminal himself and publicly announce to the people concerned that public surveillance is ended or that his political rights are restored.

第二百一十九条  被判处罚金的罪犯，期满不缴纳的，人民法院应当强制缴纳；

Article 219 If a criminal sentenced to a fine fails to pay the fine within the time limit, the People's Court shall compel him to pay.

如果由于遭遇不能抗拒的灾祸缴纳确实有困难的，可以裁定减少或者免除。

If he has true difficulty in paying because he has suffered an irresistible disaster, an order may be made to reduce the fine or exempt him from payment.

第二百二十条  没收财产的判决，无论附加适用或者独立适用，都由人民法院执行；在必要的时候，可以会同公安机关执行。

Article 220 All judgments on confiscation of property, whether imposed as a supplementary punishment or independently, shall be executed by the People's Courts; when necessary, the People's Courts may execute such judgments jointly with the public security organs.

第二百二十一条  罪犯在服刑期间又犯罪的，或者发现了判决的时候所没有发现的罪行，由执行机关移送人民检察院处理。

Article 221 If a criminal commits a crime again while serving his sentence, or if a criminal act that is discovered was not known at the time of judgment, he shall be transferred by the executing organ to a People's Procuratorate for handling.

被判处管制、拘役、有期徒刑或者无期徒刑的罪犯，在执行期间确有悔改或者立功表现，应当依法予以减刑、假释的时候，由执行机关提出建议书，报请人民法院审核裁定。

If a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment shows true repentance or renders meritorious service while serving his sentence and should be granted a commutation of sentence or be released on parole according to law, the executing organ shall submit a written recommendation to a People's Court for examination and an order.

第二百二十二条  人民检察院认为人民法院减刑、假释的裁定不当，应当在收到裁定书副本后二十日以内，向人民法院提出书面纠正意见。

Article 222 If a People's Procuratorate considers that the order on commutation of sentence or on parole made by a People's Court is improper, it shall, within 20 days from the date of receiving a copy of the written order, submit a written recommendation to the People's Court for correction.

人民法院应当在收到纠正意见后一个月以内重新组成合议庭进行审理，作出最终裁定。

The People's Court shall, within one month from the date of receiving the recommendation, form a new collegial panel to handle the case and render a final order.

第二百二十三条  监狱和其他执行机关在刑罚执行中，如果认为判决有错误或者罪犯提出申诉，应当转请人民检察院或者原判人民法院处理。

Article 223 If, during execution of a criminal punishment, the prison or any other executing organ believes that there is an error in the judgment or the criminal lodges a petition, it shall refer the matter to the People's Procuratorate or the People's Court that pronounced the original judgment for handling.

第二百二十四条  人民检察院对执行机关执行刑罚的活动是否合法实行监督。如果发现有违法的情况，应当通知执行机关纠正。

Article 224 The People's Procuratorates shall supervise the execution of criminal punishments by executing organs to see if the execution conforms to law. If they discover any illegalities, they shall notify the executing organs to correct them.

第二百二十五条  军队保卫部门对军队内部发生的刑事案件行使侦查权。

Article 225 The security departments of the Army shall exercise the power of investigation with respect to criminal offences that have occurred in the Army.

对罪犯在监狱内犯罪的案件由监狱进行侦查。

Crimes committed by criminals in prison shall be investigated by the prison.

军队保卫部门、监狱办理刑事案件，适用本法的有关规定。

The handling of criminal cases by the security departments of the Army and by prisions shall be governed by the relevant provisions of this law.