Chapter III 

Initiation of Public Prosecution

Article 169   All cases requiring public prosecution shall be examined for decision by the people's procuratorates. 

Article 170   A people's procuratorate shall, according to the provisions of this Law and the Supervision Law, examine a case transferred by a supervisory organ for public prosecution. Where, after examination, the people's procuratorate finds that supplementary investigation or verification is necessary, the people's procuratorate shall return the case to the supervisory organ for supplementary investigation; where it is necessary, the people's procuratorate may carry out supplementary investigation on its own. 

Where a supervisory organ has applied supervisory detention measure at the time when it transfers a case to a people's procuratorate, the people's procuratorate shall first detain the criminal suspect, as a result the detention measure taken by the supervisory organ shall be automatically lifted. The people's procuratorate shall, within 10 days after it detains the criminal suspect, make a decision on whether or not to arrest him, release him on bail or a guarantor, or place him under house arrest. Under special circumstances, an extension of one to four days may be allowed for making such a decision. The time period during which the people's procuratorate have applied a compulsory measure shall not be counted as within the time period of examination a case for prosecution. 

Article 171   In examining a case, a people's procuratorate shall ascertain the following:    

(1) Whether the facts and circumstances of the crime are clear, whether the evidence is reliable and sufficient, and whether the charge and the nature of the crime have been appropriately determined;   

(2) Whether there is any omitted crime or any other person who should be investigated criminal responsibility;   

(3) Whether it is a case in which criminal responsibility should not be investigated;     

(4) Whether the case has an incidental civil action; and 

(5) Whether the investigation of the case is lawfully conducted. 

Article 172   A people's procuratorate shall make a decision within one month after a supervisory organ or public security organ transfers a case with a recommendation for prosecution; and an extension of 15 days may be allowed for a major or complex case. Where a criminal suspect takes a plea, and the requirements for applying expedited trial procedure are met, a decision shall be made with 10 days; in case that the sentence may be a fixed-term imprisonment of one year or more, the time period for decision may be extended to 15 days. 

Article 173   When examining a case, the people's procuratorate shall interrogate the criminal suspect, hear the opinions of the defender or duty lawyer and of the victim and his agent ad litem, and record such opinions. If the defender or duty lawyer, the victim and his agent ad litem put forward written opinions, such opinions shall be attached to the case file. 

Where a criminal suspect takes a plea, the people's procuratorate shall inform him of his procedural rights and the provisions for taking a plea, hear and record the opinions of the defender or duty lawyer, and of the victim and his agent ad litem on the following matters: 

(1) facts of the suspected crime, name of the suspected crime, and applicable provisions of law; 

(2) advice on leniency, including lighter or mitigated punishment or exemption of punishment; 

(3) applicable trial procedure after the criminal suspect takes a plea; and 

(4) other matters on which opinions need be heard. 

Where a duty lawyer's opinion need be heard according to the provisions of the preceding two paragraphs, the people's procuratorate shall provide the duty lawyer with necessary access to the related information of the case. 

Article 174   Where a criminal suspect voluntarily confesses his crime and agrees on the advised sentence and trial procedure, he shall, with the presence of the defender or duty lawyer, sign the statement of plea. 

A criminal suspect taking a plea need not sign the statement of plea under any of the following circumstances: 

(1) Where the criminal suspect is blind, deaf or mute, or is a mental patient who is not completely aware of, or has incomplete ability to control his own conduct; 

(2) Where the agent ad litem or defender of a criminal suspect who is a minor has objection to the plea and punishment taken by the said minor; or 

(3) Where any other circumstance does not require signing of the statement of plea. 

Article 175   In examining a case, the people's procuratorate may request the public security organ to provide the evidence that is essential to a court trial. If the people's procuratorate believes that there may be collection of evidence by illegal means as are specified in Article 54 of this Law, it may request the public security organ to give an explanation to the legality of evidence collected.    

In examining a case that requires supplementary investigation, the people's procuratorate may return the case to a public security organ for such a purpose or conduct a supplementary investigation on its own.    

With respect to a case for which supplementary investigation is necessary, such an investigation shall be completed within one month. Supplementary investigation may be conducted twice at the most. When supplementary investigation is concluded and the case is transferred to the people's procuratorate, the time limit for examination for prosecution shall be counted anew by the people's procuratorate.   

With respect to a case for which supplementary investigation have been conducted twice, if the people's procuratorate still believes that the evidence is insufficient for prosecution, the people's procuratorate shall make a decision not to prosecute the case. 

Article 176   When a people's procuratorate believes that the facts of a crime have been ascertained, that the evidence is reliable and sufficient, and that criminal responsibility should be investigated according to the law, it shall make a decision to prosecute and shall bring a public prosecution in a people's court in accordance with the provisions for trial jurisdiction and transfer the case file and evidence to the people's court. 

Where a criminal suspect takes a plea, the people's procuratorate shall put forward sentencing advice including the principal punishment, supplementary punishments and whether or not a probation should be granted, and shall transfer the materials such as the statement of plea along with the case. 

Article 177   If there is no criminal facts found relating to a criminal suspect, or he is found to be under any of the circumstances provided in Article 16 of this Law, the people's procuratorate shall make a decision not to bring a prosecution.   

With respect to a case where the offense is minor and the offender need not be given a criminal punishment or he should be exempted from criminal punishment according to the Criminal Law, the people's procuratorate may decide not to bring a prosecution. 

Where a people's procuratorate decides not to prosecute a case, it shall, at the same time, free the property sealed up, distrained or frozen during the period of investigation. If the person who is not prosecuted need be given administrative penalty, or sanction, or his illegal gains need be confiscated, the people's procuratorate shall put forward its opinions and transfer the case to the competent authority for handling. The competent authority shall inform the people's procuratorate of the results of its handling of the case in time. 

Article 178   A decision on not bringing a prosecution shall be publicly announced, and the decision shall be delivered in written form to the person who is not to be prosecuted and to his employer. If the said person is in custody, he shall be released immediately. 

Article 179   Where a people's procuratorate decides not to prosecute a case transferred by a public security organ, the people's procuratorate shall deliver the decision in writing to the public security organ. If the public security organ believes that the said decision is erroneous, it may request reconsideration, and if such a request is rejected, it may submit the matter to the people's procuratorate at the next higher level for review. 

Article 180   If the people's procuratorate decides not to prosecute a case that involves a victim, it shall send the decision in writing to the victim involved. If the victim has objection to the decision, he may, within seven days after receiving the written decision, present a petition to the people's procuratorate at the next higher level and request the latter to bring a public prosecution. The people's procuratorate shall notify the victim of its decision upon reexamining the case. If the people's procuratorate upholds its decision not to bring a prosecution, the victim may bring a lawsuit to a people's court. The victim may also bring a lawsuit directly to a people's court without presenting a petition first. Where the people's court has accepted the case, the people's procuratorate shall transfer the relevant case file to the people's court. 

Article 181   Where a people's procuratorate decides not to bring a prosecution in accordance with the provisions of the second paragraph of Article 177 of this Law, but the person who is not to be prosecuted based on the decision has objection, he may present a petition to the people's procuratorate within seven days after receiving the written decision. The people's procuratorate shall make a decision upon reexamination, notify the said person of its decision, and at the same time send a copy of the decision to the public security organ. 

Article 182   Where a criminal suspect voluntarily confesses the facts of a crime he is suspected to have committed and thus makes a major meritorious contribution, or the case involves major state interests, upon review and approval by the Supreme People's Procuratorate, the public security organ may dismiss the case, and the people's procuratorate may decide not to prosecute him at all or, if the case involves several charges, not to prosecute him on one or more of the charges. 

Where, according to the preceding paragraph, a criminal suspect is not to be prosecuted or the case is dismissed, the people's procuratorate or public security organ shall, in a timely manner, deal with the property sealed up, distrained or frozen, and the fruits accrued therefrom. 

Part Three 

Trial 

Chapter I 

Trial Organizations

Article 183   Trial of first instance in the primary or intermediate people's courts shall be conducted by a collegial panel composed of three judges or of judges and people's assessors totaling three or seven. However, for cases tried in the primary people's courts and to which summary procedure or expedited procedure is applied, they may be tried by a single judge. 

Trial of first instance in the higher people's courts shall be conducted by a collegial panel composed of three to seven judges or of judges and people's assessors totaling three or seven. 

Trial of first instance in the Supreme People's Court shall be conducted by a collegial panel composed of three to seven judges.    

Trial of appealed and protested cases in the people's courts shall be conducted by a collegial panel composed of three or five judges. 

The number of members of a collegial panel shall be in odd number. 

Article 184   If opinions differ when a collegial panel conducts deliberation, a decision shall be made based on the majority opinion, but the opinions of the minority shall be entered in the records. The records of the deliberation shall be signed by the members of the collegial panel. 

Article 185   After hearing and deliberation, the collegial panel shall render a judgment. With respect to a difficult, complex or major case, on which the collegial panel considers it difficult to make a decision, the collegial panel shall refer the case to the president of the people's court for deciding whether to submit the case to the judicial committee for discussion and decision. The collegial panel shall execute the decision of the judicial committee. 

Chapter II 

Procedure of First Instance 

Section 1 

Cases of Public Prosecution

Article 186   After a people's court has examined a case of public prosecution, it shall decide to try the case in court if the bill of prosecution contains clear facts of the accused crime. 

Article 187   After a people's court has decided to try a case in court, it shall determine the members of the collegial panel, and shall deliver to the defendant and his defender a copy of the bill of prosecution of the people's procuratorate no later than 10 days before the opening of the court session. 

Before the opening of the court session, the judges may call the public procurator, the parties, the defenders or agents ad litem together to find out information and hear their opinions on recusals, namelist of witnesses who will appear in court, exclusion of illegal evidence and other issues related to the trial of the case. 

After the people's court has decided on the date of the court session, it shall notify the people's procuratorate of the time and place of the court session, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters of the same. The summons and notices shall be delivered no later than three days before the opening of the court session. If the case will be tried publicly, the people' court shall announce the subject of the case, the names of the defendants and the time and place of the court session three days before the opening of the court session. 

The circumstances of the aforesaid proceedings shall be entered in the written records, which shall be signed by the judges and the court clerk. 

Article 188   Cases of first instance shall be tried in public in the people's courts. However, cases involving state secrets or personal privacy shall not be tried in public. Cases involving trade secrets may be tried privately if the parties so apply. 

The reasons for not trying a case in public shall be announced in court. 

Article 189   When a case of public prosecution is tried in a people's court, the people's procuratorate shall have procurators present before the court to support the public prosecution. 

Article 190   When a court session opens, the presiding judge shall ascertain whether all the parties have appeared in court and announce the subject matter of the case; announce the roll, naming the members of the collegial panel, court clerk, public procurators, defenders, agents ad litem, expert witnesses and interpreters; inform the parties of their right to ask any member of the collegial panel, the court clerk, the public procurator, any expert witnesses or interpreter to recuse himself; and inform the defendant of his right to defense. 

Where a defendant has taken a plea, the presiding judge shall inform the defendant of his procedural rights and the provisions for taking a plea, verify whether the defendant has done so voluntarily, and review the authenticity and legality of the content of the statement of plea. 

Article 191   After the public procurator has read out the bill of prosecution in court, the defendant and the victim may present statements regarding the crime accused in the bill of prosecution, and the public procurator may interrogate the defendant.    

The victims, the plaintiff in an incidental civil action and the defenders or the agents ad litem may, with the permission of the presiding judge, put questions to the defendant.    

The judges may interrogate the defendant. 

Article 192   Where a public procurator, a party and his defender or agent ad litem disagrees on the testimony of a witness, and the testimony of that witness has a major effect on the judgment and sentencing of the case, if the people's court deems it necessary, that witness shall testify in court. 

An officer of the people's police testifying in court as a witness about the crime he had witnessed when he was performing his duty, the preceding paragraph shall be applicable. 

Where a public procurator, a party or his defender or agent ad litem disagrees with the evaluation opinion, if the people's court deems it necessary, the expert giving the evaluation opinion shall testify in court. If the expert refuses to testify in court after the people's court has notified him to do so, his evaluation opinion shall not be used as the basis for deciding the case. 

Article 193   Where a witness fails to appear and testify in court without justifiable reasons after the people's court has notified him to do so, the people's court may compel the witness to appear in court, however, except that the said witness is the defendant's spouse, parent or child. 

Where a witness refuses to appear and testify in court without justifiable reasons or refuses to testify after he appears in court, he shall be reprimanded, if the circumstances are serious, he shall be punished with a detention of not more than 10 days upon approval of the president of the people's court. Where the punished witness has objection to the detention decision, he may apply to the people's court at a next higher level for reconsideration. The executing of the decision shall not be suspended during the time of reconsideration. 

Article 194   Before a witness gives testimony, the judges shall instruct him to give testimony truthfully and shall explain to him the legal liability for intentionally giving false testimony or concealing criminal evidence. The public procurator, a party and the defender, and an agent ad litem may question a witness or an expert witness with the permission of the presiding judge. The presiding judge shall put a stop to such questioning as he believes is irrelevant to the case.   

The judges may question the witnesses and expert witnesses. 

Article 195   The public procurator and the defender shall display the physical evidence in court for the parties to identify. The records of testimony of the witnesses who are not present in court, the evaluation opinions of the experts who are not present in court, the records of inquests and other documents serving as evidence shall be read out in court. The judges shall hear the opinions of the public procurator, the parties, the defender and agents ad litem. 

Article 196   During a court hearing, if the collegial panel has doubts about the evidence, an adjournment may be announced for further investigation and verification of the said evidence.   

When carrying out investigation to verify evidence, the people's court may conduct inquest, examination, sealing, seizure, expert evaluation, as well as inquiry and freeze. 

Article 197   During a court hearing, the parties, the defender and agents ad litem shall have the right to request new witnesses to be summoned, new physical evidence to be obtained, new expert evaluations to be made, and inquests to be held. 

A procurator, a party, a defender or an agent ad litem may apply to the people's court for notifying a person with expertise to appear in court and give his opinion on the evaluation opinion.    

The court shall make the decision on whether to approve applications mentioned above. 

The relevant provisions on evaluation experts shall be applicable to the persons with expertise appearing in court prescribed in the second paragraph. 

Article 198   During the trial, facts and evidence that are related to the judgment and sentencing of the case shall be examined and debated. 

With the permission of the presiding judge, the public procurator, the party, the defender or agent ad litem may state their views on the evidence and the case, and they may debate with each other. 

After the presiding judge declares that the debate is concluded, the defendant shall have the right to present a final statement. 

Article 199   If a participant in the proceedings of a trial or a person on the auditorium violates courtroom order, the presiding judge shall warn him to desist. Any person fails to obey such an order may forcibly be taken out of the courtroom. If the violation is serious, the said person shall be fined not more than RMB 1,000 yuan or be detained for not more than 15 days. The fine or detention shall be subject to the approval of the president of the court. If the person under punishment has objection to the fine or detention decision, he may apply to the people's court at the next higher level for reconsideration. However, the execution of the fine or detention decision shall not be suspended during the period of reconsideration.    

Whoever assembles a crowd to make an uproar or charges into the courtroom, or humiliates, slanders, intimidates or beats up judicial officers or participants in the proceedings, thereby seriously disturbing the order of the courtroom, which constitutes a crime, shall be investigated for criminal responsibility according to law. 

Article 200   After a defendant makes his final statement, the presiding judge shall announce an adjournment. The collegial panel shall deliberate on the case and, on the basis of the established facts and evidence and in accordance with the provisions of relevant laws, render a judgment as follows:    

(1) If the facts of the case are clear, the evidence is reliable and sufficient, and the defendant is found guilty in accordance with law, he shall be pronounced guilty accordingly;   

(2) If the defendant is found innocent in accordance with law, he shall be pronounced innocent accordingly; or    

(3) If the evidence is insufficient and thus the defendant cannot be found guilty, he shall be pronounced innocent accordingly on account of the fact that the evidence is insufficient and the accusation unfounded. 

Article 201   For a case where the defendant has taken an advised plea, the people's court shall, when rendering the judgment according to law, generally follow the advice of the people's procuratorate on the crime and sentence, except under one of the following circumstances: 

(1) Where the act of the defendant does not constitute a crime or the defendant should not have been prosecuted for criminal responsibility; 

(2) Where the defendant has taken a plea against his free will; 

(3) Where the defendant denies the facts of the accused crime; 

(4) Where the crime charged by prosecution is inconsistent with the one decided in trial; or 

(5) Any other circumstances where a fair and just trial may be affected. 

Where, after hearing the case, the people's court finds that the advised sentence is obviously inappropriate, or the defendant and defender has objection to the advised sentence, the people's procuratorate may revise its advice on the sentence. Where the people's procuratorate refuses to do so or the revised advice is still obviously inappropriate, the people's court shall render a judgment according to law. 

Article 202   In all cases, judgments shall be publicly pronounced.    

If the judgment on a case is pronounced in court, a written hard copy of the judgment shall be delivered within five days to the parties and the people's procuratorate that brought the public prosecution. In case that the judgment is pronounced later on a specified date, written hard copies of the judgment shall, after the pronouncement is made, be delivered immediately to the parties and the people's procuratorate that brought the public prosecution. Hard copies of the judgment shall be delivered to the defender and agents ad litem at the same time. 

Article 203   The written judgment shall be signed by the judges and the court clerk, and in which the time limit for appeal and the name of the appellate court shall be clearly indicated. 

Article 204   Court hearing may be postponed if during a trial there is one of the following situations affecting the trial:    

(1) If it is necessary to summon a new witness, obtain new physical evidence, make another expert evaluation or hold another inquest;    

(2) If the procurator finds that a prosecuted case requires supplementary investigation and therefore make a proposal to that effect; or    

(3) If the trial cannot proceed because a recusal has been applied. 

Article 205   If the hearing of a case is postponed in accordance with the provisions of subparagraph (2) of Article 204 of this Law, the people's procuratorate shall complete supplementary investigation within one month. 

Article 206   During the trial, if there is one of the following circumstances which causes trial of the case to be discontinued for a considerably long period of time, the hearing may be suspended: 

(1) The defendant has such a serious illness that he cannot appear in court; 

(2) The defendant flees; 

(3) The private prosecuting party has such a serious illness that he cannot appear in court and he has not entrusted an agent ad litem to appear in court on his behalf; or 

(4) Because of force majeure. 

After the causes for suspension of trial disappear, the proceedings shall resume. The period of suspension shall be excluded from the time limit for trial. 

Article 207   The court clerk shall make a written record of the entire court proceedings, which shall be examined by the presiding judge and signed by the presiding judge and the court clerk.   

The 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 208   A people's court shall pronounce the judgment on a publicly prosecuted case within two months or, three months at the latest, after accepting the case for trial. As to a case in which the defendant may be sentenced to death, a case with an incidental civil case, or a case which falls under one of the situations provided for in Article 158, the trial time limit may be extended by three months upon the approval of the people's court at the next higher level; if a second extension is still needed due to a special situation, the second extension shall be subject to approval by the Supreme People's Court.   

If the jurisdiction over a case is altered, the time limit for handling the case shall be counted from the date on which another people's court receives the case after the alteration. 

For a case in which the people's procuratorate need to conduct supplementary investigation, the trial time limit of the case shall be counted anew by the people's court from the time the case is transferred to it upon the completion of supplementary investigation. 

Article 209   Where a people's procuratorate discovers that in handling a case the people's court has violated the litigation procedure prescribed by law, the people's procuratorate shall have the power to make a suggestion to the people's court for correction. 

Section 2 

Cases of Private Prosecution

Article 210   Cases of private prosecution include the following:    

(1) Cases to be handled only upon complaint;   

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

(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. 

Article 211   After examining a case of private prosecution, the people's court shall handle it in one of the following manners in light of different situations: 

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

(2) Where a case of private prosecution which lacks criminal evidence, if the private prosecuting party cannot present supplementary evidence, the court shall either persuade the private prosecuting party to withdraw the case or make an order to reject the case.  

Where a private prosecuting party has been summoned twice according to law but still refuses to appear in court without justifiable reasons, or where he withdraws himself from a court session without permission of the court, the case may be considered withdrawn by himself.   

Where, 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 196 of this Law shall apply. 

Article 212   A people's court may conduct mediation for a case of private prosecution; the private prosecuting party may reach a settlement with the defendant or withdraw the prosecution before a judgment is pronounced. Mediation shall not be used for cases prescribed in subparagraph (3) of Article 210 of this Law. 

The first and second paragraphs of Article 208 of this Law shall be applicable to the time limit for trying a case of private prosecution by a people's court if the defendant is in custody; if the defendant is not in custody, the people's court shall pronounce a judgment within six months after accepting the case for trial. 

Article 213   The defendant in a case of private prosecution may bring a counterclaim against the private prosecuting party in the process of the proceedings. The provisions governing private prosecution shall be applicable to a counterclaim. 

Section 3 

Summary Procedure

Article 214   Where a case under the jurisdiction of a primary people's court meets the following requirements, the case may be tried by applying summary procedure: 

(1) The facts of the case are clear and the evidence is sufficient; 

(2) The defendant admits the crime he has committed and has no disagreement on the facts of the crime charged; 

(3) The defendant has no disagreement on applying the summary procedure. 

When the people's procuratorate brings a public prosecution, it may suggest the people's court to apply the summary procedure. 

Article 215   Summary procedure shall not be applicable under one of the following circumstances: 

(1) Where the defendant is blind, deaf or mute, or a patient who is mentally ill but has not completely lost the capability to recognize or control his behavior; 

(2) Where the case bears a great impact on the society; and 

(3) Where a part of the defendants in a joint crime refuse to plead guilty or object to the application of summary procedure; or 

(4) Other circumstances under which application of summary procedure is inappropriate. 

Article 216   For a case to be tried by applying summary procedure, if the defendant may be sentenced to a punishment of fixed-term imprisonment of three years or lighter, the case may be tried by a collegial panel or by a single judge; if the defendant may be sentenced to a fixed-term imprisonment of more than three years, the case shall be tried by a collegial panel. 

When a publicly prosecuted case is tried by applying summary procedure, the people's procuratorate shall have procurators present before the court. 

Article 217   When trying a case by applying summary procedure, the judges shall inquire the defendant about his opinion on the facts of the crime charged, inform him of the provisions on the application of summary procedure, and confirm whether he agrees to the application of summary procedure to his case. 

Article 218   Where a case is tried by applying summary procedure, the defendant and his defender may, with the permission of the judges, debate with the public procurator or the private prosecuting party and his agent ad litem. 

Article 219   Trial of a case by applying summary procedure shall not be bound by the provisions of Section 1 of this Chapter governing the time limit for service and the procedures for interrogating defendant, questioning witnesses and expert witnesses, displaying evidence, and debating in court. However, the final statement of the defendant shall be heard prior to the pronouncement of a judgment. 

Article 220   Where a case is tried by applying summary procedure, the people's court shall conclude the trial within 20 days after accepting it; if the defendant may be sentenced to a fixed-term imprisonment of more than three years, the time limit may be extended to one and a half months. 

Article 221   If the people's court finds during the trial that summary procedure is not appropriate for the case, it shall try the case anew in accordance with the provisions in Section 1 or 2 of this Chapter. 

Section 4 

Expedited Trial Procedure

Article 222   For a case under the jurisdiction of a primary people's court, in which the defendant may be sentenced to a punishment lighter than fixed-term imprisonment of three years, if the facts of the case are clear, the evidence is reliable and sufficient, and the defendant has taken a plea and agrees to an expedited trial, expedited trial procedure may be applied whereby the case shall be tried by one judge. 

The people's procuratorate may, when bringing a public prosecution, advise the people's court to apply expedited trial procedure to such a case. 

Article 223   Expedited trial procedure shall not be applied under any of the following circumstances: 

(1) Where the defendant is blind, deaf or mute, or is a patient who is mental ill but has not completely lost the capability to recognize or control his behavior; 

(2) Where the defendant is a minor; 

(3) Where the case bears a great impact on the society; 

(4) Where a part of the defendants in a joint crime have objection to the criminal facts, the crime charged, the advised sentence, or the application of expedited trial procedure; 

(5) Where the defendant fails to reach a mediation or settlement agreement with the victim or his legal representative on the damage in incidental civil action; or 

(6) Other circumstances under which application of expedited trial procedure is inappropriate. 

Article 224   Trial of a case by applying expedited procedure shall not be bound by the provisions of Section 1 of this Chapter governing the service time limit; and in general shall not have court investigation and debating. However, the opinion of the defender and the final statement of the defendant shall be heard prior to the pronouncement of a judgment. 

A judgment shall be pronounced in court on a case to which expedited trial procedure is applied. 

Article 225   Where a case is tried by applying expedited trial procedure, the people's court shall conclude the trial within 10 days after accepting it; if the defendant may be sentenced to a fixed-term imprisonment of more than three years, the time limit may be extended to 15 days. 

Article 226   Where, in the course of trying a case, the people's court finds that the act of the defendant does not constitute a crime or the defendant should not have been prosecuted for criminal responsibility, or that the defendant has taken a plea against his free will or denies the facts of the crime charged, or that there is any other situation which renders expedited trial procedure inappropriate for the case, the people's court shall try the case anew in accordance with the provisions in Section 1 or 3 of this Chapter.