Article 50 When making an arrest, a public security organ must produce an arrest warrant./ U% z( l9 p2 \) ?" x& {. K4 s
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 notification would hinder the investigation or there is no way of notifying them.
8 B ^0 j3 j- p0 i _ Article 51 Interrogation must be conducted within 24 hours after the arrest, by a people's court or people's procuratorate with respect to a person it has decided to arrest, and by a public security organ with respect to a person it has arrested with the approval of the people's procuratorate. If it is found that the person should not have been arrested, he must be immediately released and issued a release certificate.7 R. R3 R. z( s# }0 `
Article 52 If in the process of examining and approving arrests, a people's procuratorate discovers illegalities 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 people's procuratorate of what corrections have been made.
% w0 `2 n# b" f; O% G7 C+ |* a Chapter VII Incidental Civil Actions
/ d0 n+ s$ _" R1 A: ?: U0 @5 }; e Article 53 If a victim has suffered material losses as a result of the defendant's criminal act, he shall have the right to file an incidental civil action during the course of the criminal proceeding.
( l* t( z8 {# r6 S; n# C/ [% J3 u If losses have been caused to state property or collective property, the people's procuratorate may file an incidental civil action while initiating a public prosecution.) P6 t# M' |8 m
When necessary, the people's court may seal up or distrain upon the property of the defendant.
: N% E" E( P6 z7 Z0 ?4 ?* D a 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 case may the same judicial organization, after completing the trial of the criminal case, continue to hear the incidental civil action.
3 q; h/ ?0 y. B) B8 D3 { Chapter VIII Time Periods and Service+ T- m t: T$ Y
Article 55 Time periods shall be calculated by the hour, the day and the month.
9 U. [% Y' Q2 }1 X The hour and day from which a time period begins shall not be counted as within the time period.
% Y6 o$ i* Z) b, H 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.
: \1 i1 ]# Z; {, c. ]; V; h Article 56 When a party cannot meet a deadline due to irresistible 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.
6 T( w% i8 W4 l2 h) P1 N A people's court shall decide whether or not to approve the application described in the preceding paragraph.( E$ T" R: I" B- W: _
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.& d2 _8 M3 v2 R/ j* C, u" }7 l
If the addressee or a recipient on his behalf refuses to accept the documents or refuses to sign and affix his seal to the receipt, the person serving the documents may ask the addressee's neighbours or other witnesses to the scene, explain the situation to them, leave the documents at the addressee's residence, record on the service certificate 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.
+ y- K4 H, p; w; V, C Chapter IX Other Provisions
. x w% v5 f: i$ @ Article 58 For the purpose of this Law, the definitions of the following terms are:, D3 {; i, W- A' j' \8 w! e% M
(1) “Investigation” means the specialized investigatory work and related compulsory measures carried out according to law by public security organs and people's procuratorates in the process of handling cases.
8 N: ^0 R W2 m+ G2 J (2) “Parties” means private prosecutors, defendants and the plaintiffs and defendants in incidental civil actions. |