China: Decision of the Standing Committee of the National People's Congress regarding the Exercise by the State Security Organs of the Public Security Organs' Powers of Investigation, Detention, Preparatory Examination and Arrest - China Law No. 170

The state security organs established by decision of the First Session of the Sixth National People's Congress shall undertake investigatory work concerning cases of espionage and special agents of which the public security organs have hitherto been in charge. Being of the nature of state public security organs, the state security organs may exercise the public security organs' powers of investigation, detention, preparatory examination and arrest as provided by the Constitution and the law.

Appendix:

(1)The Relevant Articles in the Constitution

Article 37

No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ.

Article 40

Freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe upon citizens' freedom and privacy of correspondence, except in cases where, to meet the needs of state security or of criminal investigation, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.

(2)The Relevant Articles in the Criminal Procedure Law.

Article 3

The public security organs shall be responsible for investigation, detention and preliminary examination in criminal cases. The people's procuratorates shall be responsible for approving arrests, conducting procuratorial work (including investigation) and initiating public prosecution. The people's courts shall be responsible for adjudication. No other organ, organization or individual has the right to exercise such powers.

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Article 38

The people's courts, people's procuratorates and public security organs may, according to the circumstances of a case, issue a warrant to compel the appearance of the defendant, order him to obtain a guarantor pending trial or subject him to residential surveillance.

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Article 39

Arrests must be approved by a people's procuratorate or decided by a people's court and must be carried out by a public security organ.

Article 41

The public security organs may initially detain an active criminal deserving arrest or a major suspect under any of the following circumstances:

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Article 58

For the purpose of this Law, the definitions of the following terms are:

(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;

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Article 73

Investigatory personnel must carry a certificate issued by a public security organ while conducting an inquest or examination.

Article 86

If the investigatory personnel deem it necessary to seize the mail or telegrams of a defendant, they may, upon approval of a public security organ or a people's procuratorate, notify the post and telecommunications offices to hand over the relevant mail and telegrams for seizure.

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Article 91

If a defendant who should be arrested is a fugitive, a public security organ may issue a wanted order and take effective measures to pursue him for arrest and bring him to justice.

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