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最高人民法院关于适用《中华人民共和国刑事诉讼法》的解释/Chapter 15 第二审程序

Article 397

In force

开庭审理上诉、抗诉的公诉案件,应当通知同级人民检察院派员出庭。

抗诉案件,人民检察院接到开庭通知后不派员出庭,且未说明原因的,人民法院可以裁定按人民检察院撤回抗诉处理。

Judicial Interpretations · Supreme People's Court · In force from March 1, 2021

Article 396Back to full textArticle 398

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