Decision of the Standing Committee of the National People’s Congress on Temporarily Adjusting the Application of Certain Provisions of the Criminal Procedure Law of the People’s Republic of China to the Armed Forces During Wartime

(Adopted at the 39th Meeting of the Standing Committee of the Thirteenth National People’s Congress on February 24, 2023)

For the purpose of implementing the guiding principle of the 20th National Congress of the Communist Party of China on improving the Chinese system for law-based administration of military affairs, and providing a sound legal system to facilitate the people’s armed forces to effectively fulfil their missions and duties in the new era and enhance their capabilities to fight and win, the Standing Committee of the Thirteenth National People’s Congress at its 39th Meeting decides as follows:

Temporary adjustments may be made in wartime in the military to the application of certain provisions in the Criminal Procedure Law of the People’s Republic of China based on the characteristics of criminal proceedings during such time on the prerequisites that the basic principles, systems and procedures laid down in the Criminal Law of the People’s Republic of China and the Criminal Procedure Law of the People’s Republic of China are observed, the legitimate rights and interests of the parties are guaranteed, and justice is ensured. Said provisions include those governing jurisdiction, defense and representation, compulsory measures, case filing, investigation, public prosecution, trial, and enforcement of judgments and rulings. The specific measures shall be made by the Central Military Commission.

This Decision shall come into force on February 25, 2023.