Blogging, taping at trials barred for fairness
Source: Xinhua |
December 25, 2012, Tuesday
|
Print Edition
Print Edition
PARTICIPANTS or bystanders in legal proceedings cannot record or videotape trials, nor can they broadcast the court's activities live via e-mail, microblog or other forms of media, China's top court said yesterday.
Journalists who have permission from the courts are still allowed to report on trials, according to a judicial interpretation of the amended Criminal Procedure Law issued by the Supreme People's Court (SPC).
Participants are also forbidden from applauding or taking other actions that could disturb the trial.
The prohibitions are aimed at ensuring proper trial procedure and guarding litigants' rights, an SPC official said.
Some courtroom participants have used computers or mobile phones to broadcast trials, disturbing the independent and fair judgment of the courts, the official said.
Such practices also indicate that some participants have not fully concentrated on the legal matters at hand, violating professional ethics and impairing the legitimate rights and interests of litigants, the official added.
The presiding judge has the right to seize media or equipment used by participants to broadcast trials without permission, said the interpretation.
The lengthy interpretation mainly targets newly added or revised provisions of the amended law and explains relevant provisions that need to be further defined, according to a statement from the SPC.
The Criminal Procedural Law was amended in March during the annual session of the National People's Congress, the top legislative body, to include the phrase "respecting and protecting human rights" in the law's first chapter.
The revised law stresses protecting suspects and defendants from "illegal restriction, detention and arrest."
According to the interpretation, collegiate benches should listen to the defense counsel during the review of a death sentence if the defense counsel wishes to express its opinion.
For witnesses who refuse to appear in court without a proper reason, the chief justice may sign a decree to force the witnesses to appear.
To better protect the safety of witnesses, courts should refrain from releasing names, addresses or other private information regarding the witnesses, as well as avoid exposing their voices and faces, the interpretation read.
The interpretation also forbids forcing defendants to confess by torturing them physically or mentally.
Journalists who have permission from the courts are still allowed to report on trials, according to a judicial interpretation of the amended Criminal Procedure Law issued by the Supreme People's Court (SPC).
Participants are also forbidden from applauding or taking other actions that could disturb the trial.
The prohibitions are aimed at ensuring proper trial procedure and guarding litigants' rights, an SPC official said.
Some courtroom participants have used computers or mobile phones to broadcast trials, disturbing the independent and fair judgment of the courts, the official said.
Such practices also indicate that some participants have not fully concentrated on the legal matters at hand, violating professional ethics and impairing the legitimate rights and interests of litigants, the official added.
The presiding judge has the right to seize media or equipment used by participants to broadcast trials without permission, said the interpretation.
The lengthy interpretation mainly targets newly added or revised provisions of the amended law and explains relevant provisions that need to be further defined, according to a statement from the SPC.
The Criminal Procedural Law was amended in March during the annual session of the National People's Congress, the top legislative body, to include the phrase "respecting and protecting human rights" in the law's first chapter.
The revised law stresses protecting suspects and defendants from "illegal restriction, detention and arrest."
According to the interpretation, collegiate benches should listen to the defense counsel during the review of a death sentence if the defense counsel wishes to express its opinion.
For witnesses who refuse to appear in court without a proper reason, the chief justice may sign a decree to force the witnesses to appear.
To better protect the safety of witnesses, courts should refrain from releasing names, addresses or other private information regarding the witnesses, as well as avoid exposing their voices and faces, the interpretation read.
The interpretation also forbids forcing defendants to confess by torturing them physically or mentally.
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