中华人民共和国刑事诉讼法（三）

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

　　That portion of the courtroom record comprising the testimony of witnesses shall be read out in court or given to the witnesses to read. After the witnesses acknowledge that the record is free of error， they shall sign or affix their seals to it.

　　The courtroom record shall be given to the parties to read or shall be read out to them. If a party considers that there are omissions or errors in the record， he may request additions or corrections to be made. After the parties acknowledge that the record is free of error， they shall sign or affix their seals to it.

　　Article 125 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 for trial.

　　Section 2 Cases of Private Prosecution

　　Article 126 After examining a case of private prosecution， the people's court may handle it according to the conditions set forth below.

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

　　（2） If the case requires public prosecution by a people's procuratorate， it shall be transferred to a people's procuratorate.

　　（3） In a case of private prosecution where criminal evidence is lacking， if the private prosecutor fails to present supplementary evidence and the people's court is unable to obtain the necessary evidence through investigation， the court shall persuade the private prosecutor to withdraw his prosecution or order its rejection.

　　（4） If the defendant's act does not constitute a crime， the people's court shall persuade the private prosecutor to with draw his prosecution or order its rejection.

　　Article 127 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.

　　Article 128 In the process of the proceedings， the defenda

nt in a case of private prosecution may raise a counterclaim against the private prosecutor. The provisions governing private prosecutions shall apply to counterclaims.

　　Chapter III Procedure of Second Instance

　　Article 129 If a party or his legal representative refuses to accept a judgment or order of first instance of a local people's court at any level， he shall have the right to appeal in writing or orally to the people's court at the next higher level. Defenders or a defendant's near relatives may file appeals with the consent of the defendant.

　　A party to an incidental civil action or his legal representative may file an appeal against the portion of a judgment or order of first instance of the local people's courts that deals with the incidental civil action.

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

　　Article 130 If a local people's procuratorate considers that there is some definite error in a judgment or order of first instance of a people's court at the same level， it shall present a protest to the people's court at the next higher level.

　　Article 131 The time limit for an appeal or a protest against a judgment shall be ten 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.

　　Article 132 If a party files an appeal through the people's court which originally tried a 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 parties.

　　If a party files an appeal directly to the people's court of second instance， that 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 parties.

　　Article 133 If a local people's procuratorate protests against a judgment or order of first instance of 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.

　　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.

　　Article 134 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.

　　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.

　　Article 135 In cases where a people's procuratorate files a protest or a people's court of second instance requests personnel from a people's procuratorate to be in court， the people's procuratorate at the same level shall send personnel to the court. The people's court of second instance must notify the people's procuratorate ten days before the opening of a court session to examine the case files.

　　Article 136 After hearing a case of appeal or protest against a judgment of first instance， the people's court of second instance shall handle it according to the conditions set forth below.

　　（1） If the original judgment wa

s 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.

　　（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 decided， the people's court shall revise the judgment.

　　（3） If the facts in the original judgment are 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 the case for retrial.

　　Article 137 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.

　　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.

　　Article 138 If a people's court of second instance discovers that a people's court of first instance has violated the litigation procedures stipulated by law， and the correct rendering of judgment may have thus been affected， it shall rescind the original judgment and remand the case to the people's court which originally tried the case for retrial.

　　Article 139 The people's court which originally tried a case shall conduct a retrial of the case remanded to it in accordance with the procedure of first instance. The parties may appeal and the people's procuratorate at the same level may protest against the judgment rendered after the retrial.

　　Article 140 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 quash or revise the original order respectively with reference to the provisions of Articles 136， 138 and 139 of this Law.

　　Article 141 A people's court of second instance shall try cases of appeal or protest with reference to the procedure of first instance unless otherwise stipulated in this Chapter.

　　Article 142 A people's court of second instance shall conclude the trial of a case of appeal or protest within one month or， one and a half months at the latest， after accepting it for trial.

　　Article 143 A11 judgments and orders of second instance and all judgments and orders of the Supreme People's Court shall be final.

　　Chapter IV Procedure for Review of Death Sentences

　　Article 144 Death sentences shall be approved by the Supreme People's Court.

　　Article 145 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 reported to the Supreme People's Court for approval. 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 trial.

　　Cases of first instance where a higher people's court bas 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.

　　Article 146 A case where an intermediate people's court has imposed a death sentence with a two-year suspension of execution， shall be approved by a higher people's court.

　　Article l47 Reviews by the Supreme People's Court of cases invol

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/