犯罪嫌疑人诉讼权利义务告知书中英对照

犯罪嫌疑人诉讼权利义务告知书中英对照

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犯罪嫌疑人诉讼权利义务告知书

Rights and Obligations of Suspects

根据《中华人民共和国刑事诉讼法》的规定，在公安机关对案件进行侦查期间，犯罪嫌疑人有如下权利和义务：

In accordance with the provisions of the Criminal Procedure Law of the

People's Republic of China, during the public security organ’s investigation,

the suspect has the following rights and obligations:

权利：

Rights:

1、有用本民族的语言文字进行诉讼的权利。（《中华人民共和国刑事诉讼法》第9条）

Citizens of all nationalities shall have the right to use their native spoken

and written languages in court proceedings. (Article 9 in Criminal Procedure Law

of the People's Republic of China):

2、对侦查人员在讯问过程中侵犯他的诉讼权利或者进行人身侮辱的行为，有权提出控告。（《中华人民共和国刑事诉讼法》第14条）

The suspect shall have the right to file charges against investigators whose

acts infringe on his citizen's procedural rights or subject him to indignities.

3、对于侦查人员、鉴定人、记录人、翻译人员有下列情形之一的，当事人及其法定代理人有权申请回避：（一）是本案的当事人或者是当事人的近亲属的；（二）本人或者他的近亲属和本案有利害关系的；（三）担任过本案的证人、鉴定人、辩护人、诉讼代理人的；（四）与本案当事人有其他关系，可能影响公正处理案件的。对驳回申请回避的决定，可以申请复议一次。（《中华人民共和国刑事诉讼法》第28、30、31条）

In any of the following situations, a member of the judicial, procuratorial,

investigatory and translation personnel shall voluntarily withdraw, and the

parties to the case and their legal representatives shall have the right to

demand his withdrawal: (1) if he is a party or a near relative of a party to the

case; (2) if he or a near relative of his has an interest in the case; (3) if he

has served as a witness, expert witness, defender or agent ad litem in the

current case; or (4) if he has any other relations with a party to the case that

could affect the impartial handling of the case. (Article 28,30,31)

4、为自己辩护的权利。（《中华人民共和国刑事诉讼法》第32条）

In order to exercise the right to defend himself, a criminal suspect or a

defendant may entrust persons as his defenders. (Article 32)

5、被羁押的犯罪嫌疑人及其法定代理人、近亲属有权申请取保候审。（《中华人民共和国刑事诉讼法》第52条）

A criminal suspect or defendant in custody and his legal representatives or

near relatives shall have the right to apply for obtaining a guarantor pending

trial.(Article 52)

6、犯罪嫌疑人及其法定代理人、近亲属或者犯罪嫌疑人、被告人委托的律师对于公安机关采取强制措施超过法定期限的，有权要求解除强制措施。（《中华人民共和国刑事诉讼法》第75条）

If the compulsory measures adopted by a public security organ exceed the time

limit prescribed by law, the criminal suspect or defendant, his legal

representatives, near relatives, or the lawyers or other defenders entrusted by

the criminal suspect or defendant shall have the right to demand cancellation of

the compulsory measures. (Article 75)

7、在侦查人员讯问时，对与本案无关的问题，有拒绝回答的权利。（《中华人民共和国

刑事诉讼法》第93条）

The criminal suspect shall have the right to refuse to answer any questions

that are irrelevant to the case. (Article 93)

8、犯罪嫌疑人有权核对讯问笔录。犯罪嫌疑人没有阅读能力的，侦查人员应当向其宣读。如果记载有遗漏或者差错，犯罪嫌疑人可以提出补充或者改正。犯罪嫌疑人有权自行书写供述。（《中华人民共和国刑事诉讼法》第95条）

The record of an interrogation shall be shown to the criminal suspect for

checking; if the criminal suspect cannot read, the record shall be read to him.

If there are omissions or errors in the record, the criminal suspect may make

additions or corrections. The criminal suspect shall have the right to write a

personal statement. (Article 95)

9、犯罪嫌疑人在被侦查机关第一次讯问后或者采取强制措施之日起，可以聘请律师为其提供法律咨询、代理申诉、控告。犯罪嫌疑人被逮捕的，聘请的律师可以为其申请取保候审。涉及国家秘密的案件，犯罪嫌疑人聘请律师，应当经侦查机关批准。（《中华人民共和国刑事诉讼法》第96条）

After the criminal suspect is interrogated by an investigation organ for the

first time or from the day on which compulsory measures are adopted against him,

he may appoint a lawyer to provide him with legal advice and to file petitions

and complaints on his behalf. If the criminal suspect is arrested, the appointed

lawyer may apply on his behalf for obtaining a guarantor pending trial. If a case

involves State secrets, the criminal suspect shall have to obtain the approval of

the investigation organ for appointing a lawyer. (Article 96)

10、有权知道用作证据的鉴定结论的内容，可以申请补充鉴定或重新鉴定。（《中华人民共和国刑事诉讼法》第121条）

The criminal suspect shall have the right to know the conclusion of the

expert verification which will be used as evidence in his case. A supplementary

expert verification or another expert verification may be conducted upon

application.

义务：

Obligations:

1、犯罪嫌疑人对侦查人员的提问，应当如实回答。（《中华人民共和国刑事诉讼法》第93条）。

The criminal suspect shall answer the investigators' questions truthfully.

(Article 93)

2、服从侦查行为。

本告知书在对犯罪嫌疑人依法进行第一次讯问或采取强制措施时交犯罪嫌疑人。

This document shall be given to the criminal suspect in the first

investigation or from the day on which compulsory measures are adopted against

him.

Notice of Informing Rights and Obligations

You shall be examined and initiated a prosecution for the crime suspected of

narcotic drug smuggling. You have the following rights and obligations.

I. Rights

1. Right of knowing the certificate.

If you are summoned to a designated place for interrogation, you have right to

require the prosecutors to produce the certificate.

2. Right of refusing to answer any questions that are irrelevant to the case.

When interrogating, you have the right to refuse to answer any questions that are

irrelevant to the case.

3. Right of getting legal help.

After you are interrogated by the prosecution for the first time or from the day

on which compulsory measures are adopted against you, you may appoint one or two

lawyers to provide you with legal advice and to file petitions and complaints on

your behalf.

4. Right of defense

In addition to exercising the right to defend yourself, you may entrust one or

two persons as your defenders.

5. Right of demanding withdrawal

If a prosecutor has any of the following situations, you and your legal

representatives shall have the right to demand his withdrawal:

(1) if he is a party or a near relative of a party to the case;

(2) if he or a near relative of his has an interest in the case;

(3) if he has served as a witness, expert witness, defender or agent ad litem in

the current case ;

(4) if he has any other relations with a party to the case that could affect the

impartial handling of the case;

(5) if he accepts invitations to dinner from the parties to this case or the

persons entrusted by the parties;

(6) if he violates the regulations to meet with the parties to this case or the

persons entrusted by the parties.

If a decision has been made to reject the application for withdrawal, you or your

legal representative may apply for reconsideration once.

6. Right of applying for obtaining a guarantor pending trial

If you are in custody, you and your legal representatives ,near relatives or your

lawyer shall have the right to apply for obtaining a guarantor pending trial.

7. Right of demanding cancellation of the compulsory measures.

If the compulsory measures adopted by the Prosecution exceed the time limit

prescribed by law, you, your legal representatives, near relatives, the lawyers

or other defenders entrusted by you shall have the right to demand cancellation

of the compulsory measures.

8. Right of applying for a supplementary expert verification or another expert

verification.

If the conclusion of the expert verification will be used as evidence in this

case you may apply for a supplementary expert verification or another expert

verification.

9. Right of present a petition

If you refuse to accept the decision that the Prosecution decides not to initiate

a prosecution in accordance with the provisions of the second paragraph of

Article 142 of Criminal Procedure Law of the PRC, you may present a petition to

the Prosecution within seven days after receiving the written decision.

10. Right of using your familiar languages in court proceedings.

If you are not familiar with the spoken or written language commonly used in the

locality, the Prosecution shall provide translations for you.

11. Right of checking the record of an interrogation

The record of an interrogation shall be shown to you for checking; if you cannot

read, the record shall be read to you. If there are omissions or errors in the

record, you may make additions or corrections.

12. Right of writing a personal statement

If you request to write a personal statement, you shall be permitted to do so by

prosecutors.

13. Right of filing charges

You shall have the right to file charges against procurators whose acts infringe

on your procedural rights or subject your person to indignities.

14. Right of recovering damages from the state.

If prosecution or their personnel , when exercising the functions and powers in

violation of the law , infringes your personal rights or property rights , you

have right to recover damages from the state.

II. Obligations

1. You shall observe Criminal Procedure Law of the PRC and any relevant

stipulations of other laws. You shall accept compulsory measures and other legal

actions produced by the prosecution

2. Obligations of answering the questions truthfully

If prosecutors ask you questions, you shall answer the questions truthfully.

3. Obligations of accepting an examination

An examination may be conducted of you in order to ascertain some of your

characteristics or physiological condition.

If you refuse to be examined, prosecutors, when they deem it necessary, may

conduct a compulsory examination.

4. Obligations of accepting a search

In order to collect criminal evidence, you shall accept searching you, your

belongings and residence conducted by prosecutors.

(For People’s Prosecution Service）