《中华人民共和国刑事诉讼法(二).doc》由会员分享，可在线阅读，更多相关《中华人民共和国刑事诉讼法(二).doc（9页珍藏版）》请在金锄头文库上搜索。
1、Article 50 When making an arrest， a public security organ must produce an arrest warrant.Within 24 hours after an arrest， the family of the arrested person or the unit to which he belongs shall be notified of the reasons for arrest and the place of detention， except in circumstances where such notif
2、ication would hinder the investigation or there is no way of notifying them.Article 51 Interrogation must be conducted within 24 hours after the arrest， by a peoples court or peoples procuratorate with respect to a person it has decided to arrest， and by a public security organ with respect to a per
3、son it has arrested with the approval of the peoples procuratorate. If it is found that the person should not have been arrested， he must be immediately released and issued a release certificate.Article 52 If in the process of examining and approving arrests， a peoples procuratorate discovers illega
4、lities in the investigatory activities of the public security organ， it shall notify the public security organ to make corrections， and the public security organ shall notify the peoples procuratorate of what corrections have been made.Chapter VII Incidental Civil ActionsArticle 53 If a victim has s
5、uffered material losses as a result of the defendants criminal act， he shall have the right to file an incidental civil action during the course of the criminal proceeding.If losses have been caused to state property or collective property， the peoples procuratorate may file an incidental civil acti
6、on while initiating a public prosecution.When necessary， the peoples court may seal up or distrain upon the property of the defendant.Article 54 An incidental civil action shall be beard together with the criminal case. Only for the purpose of preventing excessive delay in a trial of the criminal ca
7、se may the same judicial organization， after completing the trial of the criminal case， continue to hear the incidental civil action.Chapter VIII Time Periods and ServiceArticle 55 Time periods shall be calculated by the hour， the day and the month.The hour and day from which a time period begins sh
8、all not be counted as within the time period.A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.Article 56 When a party cannot meet a deadline due to irresistib
9、le causes or for other legitimate reasons， he may， within five days after the obstacle is removed， apply to continue the proceedings that should have been completed before the expiration of the time period.A peoples court shall decide whether or not to approve the application described in the preced
10、ing paragraph.Article 57 Summons， notices and other court documents shall be delivered to the addressee himself； if the addressee is absent， the documents may be received on his behalf by an adult member of his family or a responsible person of his unit.If the addressee or a recipient on his behalf
11、refuses to accept the documents or refuses to sign and affix his seal to the receipt， the person serving the documents may ask the addressees neighbours or other witnesses to the scene， explain the situation to them， leave the documents at the addressees residence， record on the service certificate
12、the particulars of the refusal and the date of service and sign his name to it； the service shall thus be deemed to have been completed.Chapter IX Other ProvisionsArticle 58 For the purpose of this Law， the definitions of the following terms are：（1） “Investigation” means the specialized investigator
13、y work and related compulsory measures carried out according to law by public security organs and peoples procuratorates in the process of handling cases.（2） “Parties” means private prosecutors， defendants and the plaintiffs and defendants in incidental civil actions.（3） “Legal representatives” mean
14、s the parents， foster parents or guardians of a person being represented and representatives of the government organ or peoples organization responsible for that persons protection.（4） “Participants in the proceedings” means the parties， victims， legal representatives， defenders， witnesses， expert w
15、itnesses and interpreters.（5） “Near relatives” means a persons husband or wife， father， mother， sons， daughters， and brothers and sisters born of the same parents.Part Two Filing a Case， Investigation and Initiation of Public ProsecutionChapter I Filing a CaseArticle 59 State organs， peoples organiz
16、ations， enterprises， institutions and citizens upon discovering facts of a crime or a criminal suspect shall have the right and duty to bring a complaint or accusation to a public security organ， peoples procuratorate or peoples court， as proper to the scopes of jurisdiction provided for in Article 13 of this Law.Public security organs， peoples procuratorates and people
